By Armbrister S.B. No. 365
77R3384 JMG-F
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 residential building code adopted by the International Code
1-11 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, and repair of residential
1-22 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 (e) An inspection of a residential structure in a
2-8 municipality must be conducted by a person who is an International
2-9 Code Council certified inspector or a licensed professional
2-10 engineer and who has any other qualifications established by the
2-11 municipality. A municipality may employ or contract for the
2-12 services of an inspector.
2-13 SECTION 2. Sections 6A(a) and (d), Article 21.49, Insurance
2-14 Code, are amended to read as follows:
2-15 (a) Except as otherwise provided by this Subsection, all
2-16 structures that are constructed or repaired or to which additions
2-17 are made on or after January 1, 2002 [1988], to be considered
2-18 insurable property for windstorm and hail insurance from the
2-19 Association, must be inspected or approved by the Board for
2-20 compliance with the building specifications in the plan of
2-21 operation or the structural provisions of the International
2-22 Residential Code as that code existed on May 1, 2001, and any
2-23 amendments to that code adopted by the International Code Council
2-24 and approved by the Board. Roofing materials satisfy the building
2-25 specifications in the plan of operation if those materials pass the
2-26 UL Standard 997 or a comparable test certified by the Board and are
2-27 installed as required by the Board to promote the wind resistance
3-1 of the materials. All structures that are constructed or repaired
3-2 or to which additions are made on or after January 1, 1988, and
3-3 before January 1, 2002, to be considered insurable property for
3-4 windstorm and hail insurance from the Association, must be
3-5 inspected or approved by the Board for compliance with the building
3-6 specifications in the plan of operation. Roofing materials satisfy
3-7 the building specifications in the plan of operation if those
3-8 materials pass the UL Standard 997 or a comparable test certified
3-9 by the Board and are installed as required by the Board to promote
3-10 the wind resistance of the materials. A structure constructed,
3-11 repaired, or to which additions were made before January 1, 1988,
3-12 that is located in an area covered at the time by a building code
3-13 recognized by the Association shall be considered an insurable
3-14 property for windstorm and hail insurance from the Association
3-15 without compliance with the inspection or approval requirements of
3-16 this Section or the plan of operation. A structure constructed,
3-17 repaired, or to which additions were made before January 1, 1988,
3-18 that is located in an area not covered by a building code
3-19 recognized by the Association shall be considered an insurable
3-20 property for windstorm and hail insurance from the Association
3-21 without compliance with the inspection or approval requirements of
3-22 this Section or the plan of operation if that structure has been
3-23 previously insured by a licensed insurance company authorized to do
3-24 business in this State and the risk is in essentially the same
3-25 condition as when previously insured, except for normal wear and
3-26 tear, and without any structural change other than a change made
3-27 according to code. Evidence of previous insurance includes a copy
4-1 of a previous policy, copies of canceled [cancelled] checks or
4-2 agent's records that show payments for previous policies, and a
4-3 copy of the title to the structure or mortgage company records that
4-4 show previous policies. The Board may appoint or employ qualified
4-5 inspectors as defined in this Section to perform any inspections
4-6 required by this Section.
4-7 (d) A "qualified inspector" includes a person determined by
4-8 the Board to be qualified to perform building inspections because
4-9 of training or experience, including an International Code Council
4-10 certified inspector. A qualified inspector must be approved and
4-11 appointed or employed by the Board to perform building inspections.
4-12 The Board may charge a reasonable fee not to exceed $200 for the
4-13 filing of applications and determining the qualifications of
4-14 persons for appointment as qualified inspectors.
4-15 SECTION 3. (a) Subchapter G, Chapter 214, Local Government
4-16 Code, as added by this Act, applies only to residential
4-17 construction, remodeling, alteration, or repair that begins under
4-18 an agreement made on or after January 1, 2002, or that begins, in
4-19 the absence of an agreement, on or after that date. Residential
4-20 construction, remodeling, alteration, or repair that begins under
4-21 an agreement made before January 1, 2002, or that begins, in the
4-22 absence of an agreement, before that date is governed by the law in
4-23 effect when the agreement was made or the activity began, as
4-24 appropriate, and that law is continued in effect for that purpose.
4-25 (b) Municipalities shall, before January 1, 2002, establish
4-26 rules and take other necessary actions to implement Subchapter G,
4-27 Chapter 214, Local Government Code, as added by this Act.
5-1 SECTION 4. This Act takes effect January 1, 2002, except that
5-2 Section 3(b) and this section take effect September 1, 2001.