By Armbrister S.B. No. 365
Substitute the following for S.B. No. 365:
By Brown of Brazos C.S.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" 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 may 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. (a) 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 (b) A municipality may establish procedures:
2-25 (1) to adopt local amendments to the the National
2-26 Electrical Code; and
2-27 (2) for the administration and enforcement of the
3-1 National Electrical Code.
3-2 SECTION 2. Sections 6A(a) and (d), Article 21.49, Insurance
3-3 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 of
3-11 insurance, the commissioner by rule may supplement the building
3-12 specifications in the plan of operation with the structural
3-13 provisions of the International Residential Code. Roofing
3-14 materials satisfy the building specifications in the plan of
3-15 operation if those materials pass the UL Standard 997 or a
3-16 comparable test certified by the Board and are installed as
3-17 required by the Board to promote the wind resistance of the
3-18 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
3-27 shall be considered an insurable property for windstorm and hail
4-1 insurance from the Association without compliance with the
4-2 inspection or approval requirements of this Section or the plan of
4-3 operation if that structure has been previously insured by a
4-4 licensed insurance company authorized to do business in this State
4-5 and the risk is in essentially the same condition as when
4-6 previously insured, except for normal wear and tear, and without
4-7 any structural change other than a change made according to code.
4-8 Evidence of previous insurance includes a copy of a previous
4-9 policy, copies of canceled [cancelled] checks or agent's records
4-10 that show payments for previous policies, and a copy of the title
4-11 to the structure or mortgage company records that show previous
4-12 policies. After January 1, 2002, a person must submit an
4-13 application for windstorm inspection to the unit responsible for
4-14 windstorm inspection at the Texas Department of Insurance 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 of insurance is submitted to the unit responsible for
4-21 windstorm inspection at the Texas Department of Insurance as may be
4-22 requested in order to fulfill the requirements of this section.
4-23 The Board may appoint or employ qualified inspectors as defined in
4-24 this Section to perform 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
4-27 to perform building inspections because of training or experience;
5-1 (2) a licensed professional engineer meeting the
5-2 requirements of the rules adopted by the commissioner of insurance
5-3 for appointment to conduct windstorm inspections; and
5-4 (3) an inspector who is certified by the International
5-5 Code Council, the Building Officials and Code Administrators
5-6 International, Inc., the International Conference of Building
5-7 Officials, or the Southern Building Code Congress International,
5-8 Inc., who has certifications as a buildings inspector and coastal
5-9 construction inspector, and who also complies with other
5-10 requirements specified by rule by the commissioner of insurance. A
5-11 qualified inspector must be approved and appointed or employed by
5-12 the Board to perform building inspections. The Board may charge a
5-13 reasonable fee not to exceed $200 for the filing of applications
5-14 and determining the qualifications of persons for appointment as
5-15 qualified inspectors.
5-16 SECTION 3. (a) Subchapter G, Chapter 214, Local Government
5-17 Code, as added by this Act, applies only to residential
5-18 construction, remodeling, alteration, or repair that begins under
5-19 an agreement made on or after January 1, 2002, or that begins, in
5-20 the absence of an agreement, on or after that date. Residential
5-21 construction, remodeling, alteration, or repair that begins under
5-22 an agreement made before January 1, 2002, or that begins, in the
5-23 absence of an agreement, before that date is governed by the law in
5-24 effect when the agreement was made or the activity began, as
5-25 appropriate, and that law is continued in effect for that purpose.
5-26 (b) Municipalities shall, before January 1, 2002, establish
5-27 rules and take other necessary actions to implement Subchapter G,
6-1 Chapter 214, Local Government Code, as added by this Act.
6-2 SECTION 4. This Act takes effect January 1, 2002, except that
6-3 Section 3(b) and this section take effect September 1, 2001.