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-family or two-family dwelling or a multiple
1-16 single-family dwelling that is not more than three stories high
1-17 with separate means of egress, including the accessory structures
1-18 of the dwelling, and that does not have the character of a facility
1-19 used for the accommodation of transient guests or a structure in
1-20 which medical, rehabilitative, or assisted living services are
1-21 provided 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
1-25 municipal residential building code in this state.
2-1 (b) The International Residential Code applies to all
2-2 construction, alteration, remodeling, enlargement, and repair of
2-3 residential structures in a municipality.
2-4 (c) A municipality may establish procedures:
2-5 (1) to adopt local amendments to the International
2-6 Residential Code; and
2-7 (2) for the administration and enforcement of the
2-8 International Residential Code.
2-9 (d) A municipality may review and consider amendments made
2-10 by the International Code Council to the International Residential
2-11 Code after May 1, 2001.
2-12 Sec. 214.213. EXCEPTIONS. (a) The International
2-13 Residential Code does not apply to the installation and maintenance
2-14 of electrical wiring and related components.
2-15 (b) A municipality is not required to review and consider
2-16 adoption of amendments to the International Residential Code
2-17 regarding electrical provisions.
2-18 Sec. 214.214. NATIONAL ELECTRICAL CODE. (a) The National
2-19 Electrical Code, as it existed on May 1, 2001, is adopted as the
2-20 municipal residential electrical construction code in this state
2-21 and applies to all residential electrical construction
2-23 (b) A municipality may establish procedures:
2-24 (1) to adopt local amendments to the National
2-25 Electrical Code; and
2-26 (2) for the administration and enforcement of the
3-1 National Electrical Code.
3-2 SECTION 2. Subsections (a) and (d), Section 6A, Article
3-3 21.49, Insurance Code, are amended to read as follows:
3-4 (a) Except as otherwise provided by this Subsection, all
3-5 structures that are constructed or repaired or to which additions
3-6 are made on or after January 1, 1988, to be considered insurable
3-7 property for windstorm and hail insurance from the Association,
3-8 must be inspected or approved by the Board for compliance with the
3-9 building specifications in the plan of operation. After January 1,
3-10 2002, in geographic areas specified by the commissioner, the
3-11 commissioner by rule may supplement the building specifications in
3-12 the plan of operation with the structural provisions of the
3-13 International Residential Code. Roofing materials satisfy the
3-14 building specifications in the plan of operation if those materials
3-15 pass the UL Standard 997 or a comparable test certified by the
3-16 Board and are installed as required by the Board to promote the
3-17 wind resistance of the materials. A structure constructed,
3-18 repaired, or to which additions were made before January 1, 1988,
3-19 that is located in an area covered at the time by a building code
3-20 recognized by the Association shall be considered an insurable
3-21 property for windstorm and hail insurance from the Association
3-22 without compliance with the inspection or approval requirements of
3-23 this Section or the plan of operation. A structure constructed,
3-24 repaired, or to which additions were made before January 1, 1988,
3-25 that is located in an area not covered by a building code
3-26 recognized by the Association shall be considered an insurable
4-1 property for windstorm and hail insurance from the Association
4-2 without compliance with the inspection or approval requirements of
4-3 this Section or the plan of operation if that structure has been
4-4 previously insured by a licensed insurance company authorized to do
4-5 business in this State and the risk is in essentially the same
4-6 condition as when previously insured, except for normal wear and
4-7 tear, and without any structural change other than a change made
4-8 according to code. Evidence of previous insurance includes a copy
4-9 of a previous policy, copies of canceled [
cancelled] checks or
4-10 agent's records that show payments for previous policies, and a
4-11 copy of the title to the structure or mortgage company records that
4-12 show previous policies. After January 1, 2002, a person must
4-13 submit an application for windstorm inspection to the unit
4-14 responsible for windstorm inspection at the department before
4-15 beginning to construct, alter, remodel, enlarge, or repair a
4-16 structure. Failure to submit a timely application may result in a
4-17 certificate of compliance not being issued unless plans and
4-18 calculations, testing information, manufacturer's installation
4-19 instructions, or any other documentation required by the
4-20 commissioner is submitted to the unit responsible for windstorm
4-21 inspection at the department as may be requested in order to
4-22 fulfill the requirements of this section. The Board may appoint or
4-23 employ qualified inspectors as defined in this Section to perform
4-24 any inspections required by this Section.
4-25 (d) A "qualified inspector" includes:
4-26 (1) a person determined by the Board to be qualified
5-1 to perform building inspections because of training or experience;
5-2 (2) a licensed professional engineer meeting the
5-3 requirements of the rules adopted by the commissioner for
5-4 appointment to conduct windstorm inspections; and
5-5 (3) an inspector who is certified by the International
5-6 Code Council, the Building Officials and Code Administrators
5-7 International, Inc., the International Conference of Building
5-8 Officials, or the Southern Building Code Congress International,
5-9 Inc., who has certifications as a buildings inspector and coastal
5-10 construction inspector, and who also complies with other
5-11 requirements specified by rule by the commissioner. A qualified
5-12 inspector must be approved and appointed or employed by the Board
5-13 to perform building inspections. The Board may charge a reasonable
5-14 fee not to exceed $200 for the filing of applications and
5-15 determining the qualifications of persons for appointment as
5-16 qualified inspectors.
5-17 SECTION 3. (a) Subchapter G, Chapter 214, Local Government
5-18 Code, as added by this Act, applies only to residential
5-19 construction, remodeling, alteration, or repair that begins under
5-20 an agreement made on or after January 1, 2002, or that begins, in
5-21 the absence of an agreement, on or after that date. Residential
5-22 construction, remodeling, alteration, or repair that begins under
5-23 an agreement made before January 1, 2002, or that begins, in the
5-24 absence of an agreement, before that date is governed by the law in
5-25 effect when the agreement was made or the activity began, as
5-26 appropriate, and that law is continued in effect for that purpose.
6-1 (b) Municipalities shall, before January 1, 2002, establish
6-2 rules and take other necessary actions to implement Subchapter G,
6-3 Chapter 214, Local Government Code, as added by this Act.
6-4 SECTION 4. This Act takes effect January 1, 2002, except
6-5 that Subsection (b), Section 3 of this Act, and this section take
6-6 effect September 1, 2001.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 365 passed the Senate on
April 2, 2001, by a viva-voce vote; and that the Senate concurred
in House amendment on May 2, 2001, by a viva-voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 365 passed the House, with
amendment, on April 24, 2001, by a non-record vote.
Chief Clerk of the House