1-1     By:  Armbrister                                        S.B. No. 365
 1-2           (In the Senate - Filed January 24, 2001; January 25, 2001,
 1-3     read first time and referred to Committee on Business and Commerce;
 1-4     March 26, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 1; March 26, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 365                   By:  Fraser
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the adoption of a uniform residential building code for
1-11     use in the state.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Chapter 214, Local Government Code, is amended by
1-14     adding Subchapter G to read as follows:
1-15                        SUBCHAPTER G.  BUILDING CODES
1-16           Sec. 214.211.  DEFINITIONS.  In this subchapter:
1-17                 (1)  "International Residential Code for One- and
1-18     Two-Family Dwellings" means the residential building code for
1-19     one-family and two-family dwellings promulgated by the
1-20     International Code Council.
1-21                 (2)  "Residential" means having the character of a
1-22     detached one-family or two-family dwelling or a multiple
1-23     single-family dwelling not more than three stories high with
1-24     separate means of egress, including the accessory structures of the
1-25     dwelling.
1-26                 (3)  "National Electrical Code" means the electrical
1-27     code published by the National Fire Protection Association.
1-28           Sec. 214.212.  INTERNATIONAL RESIDENTIAL CODE.  (a)  To
1-29     protect the public health, safety, and welfare, the International
1-30     Residential Code, as it existed on May 1, 2001, is adopted as a
1-31     municipal residential building code in this state.
1-32           (b)  The International Residential Code applies to all
1-33     construction, alteration, remodeling, enlargement, and repair of
1-34     residential structures in a municipality.
1-35           (c)  A municipality may establish procedures:
1-36                 (1)  to adopt local amendments to the International
1-37     Residential Code; and
1-38                 (2)  for the administration and enforcement of the
1-39     International Residential Code.
1-40           (d)  A municipality shall review and consider amendments made
1-41     by the International Code Council to the International Residential
1-42     Code after May 1, 2001.
1-43           Sec. 214.213.  EXCEPTIONS.  (a)  The International
1-44     Residential Code does not apply to the installation and maintenance
1-45     of electrical wiring and related components.  All residential
1-46     electrical construction applications are governed by the National
1-47     Electrical Code as it existed on May 1, 2001.
1-48           (b)  A municipality shall not be required to review and
1-49     consider amendments to the electrical provisions made by the
1-50     International Code Council to the International Residential Code
1-51     after May 1, 2001.
1-52           SECTION 2.  Subsections (a) and (d), Section 6A, Article
1-53     21.49, Insurance Code, are amended to read as follows:
1-54           (a)  Except as otherwise provided by this Subsection, all
1-55     structures that are constructed or repaired or to which additions
1-56     are made on or after January 1, 2002 [1988], to be considered
1-57     insurable property for windstorm and hail insurance from the
1-58     Association, must be inspected or approved by the Board for
1-59     compliance with the building specifications in the plan of
1-60     operation including those structural provisions of the
1-61     International Residential Code as specified and adopted by the
1-62     commissioner of insurance under the plan of operation.  All
1-63     structures that are constructed or repaired or to which additions
1-64     are made on or after January 1, 1988, and before January 1, 2002,
 2-1     to be considered insurable property for windstorm and hail
 2-2     insurance from the Association, must be inspected or approved by
 2-3     the Board for compliance with the building specifications in the
 2-4     plan of operation.  Roofing materials satisfy the building
 2-5     specifications in the plan of operation if those materials pass the
 2-6     UL Standard 997 or a comparable test certified by the Board and are
 2-7     installed as required by the Board to promote the wind resistance
 2-8     of the materials.  A structure constructed, repaired, or to which
 2-9     additions were made before January 1, 1988, that is located in an
2-10     area covered at the time by a building code recognized by the
2-11     Association shall be considered an insurable property for windstorm
2-12     and hail insurance from the Association without compliance with the
2-13     inspection or approval requirements of this Section or the plan of
2-14     operation.  A structure constructed, repaired, or to which
2-15     additions were made before January 1, 1988, that is located in an
2-16     area not covered by a building code recognized by the Association
2-17     shall be considered an insurable property for windstorm and hail
2-18     insurance from the Association without compliance with the
2-19     inspection or approval requirements of this Section or the plan of
2-20     operation if that structure has been previously insured by a
2-21     licensed insurance company authorized to do business in this State
2-22     and the risk is in essentially the same condition as when
2-23     previously insured, except for normal wear and tear, and without
2-24     any structural change other than a change made according to code.
2-25     Evidence of previous insurance includes a copy of a previous
2-26     policy, copies of canceled [cancelled] checks or agent's records
2-27     that show payments for previous policies, and a copy of the title
2-28     to the structure or mortgage company records that show previous
2-29     policies.  To obtain a certificate of compliance as required by
2-30     this Section, a person must submit an application for windstorm
2-31     inspection to the unit responsible for windstorm inspection at the
2-32     Texas Department of Insurance before beginning to construct, alter,
2-33     remodel, enlarge, or repair a structure.  The Board may appoint or
2-34     employ qualified inspectors as defined in this Section to perform
2-35     any inspections required by this Section.
2-36           (d)  A "qualified inspector" includes:
2-37                 (1)  a person determined by the Board to be qualified
2-38     to perform building inspections because of training or experience;
2-39                 (2)  a licensed professional engineer meeting the
2-40     requirements of the rules adopted by the commissioner of insurance
2-41     for appointment to conduct windstorm inspections; and
2-42                 (3)  an inspector who is certified by the International
2-43     Code Council, the Building Officials and Code Administrators
2-44     International, Inc., the International Conference of Building
2-45     Officials, or the Southern Building Code Congress International,
2-46     Inc., who has certifications as a buildings inspector and coastal
2-47     construction inspector, and who complies with any other
2-48     requirements specified by the commissioner of insurance.  A
2-49     qualified inspector must be approved and appointed or employed by
2-50     the Board to perform building inspections.  The Board may charge a
2-51     reasonable fee not to exceed $200 for the filing of applications
2-52     and determining the qualifications of persons for appointment as
2-53     qualified inspectors.
2-54           SECTION 3.  (a)  Subchapter G, Chapter 214, Local Government
2-55     Code, as added by this Act, applies only to residential
2-56     construction, remodeling, alteration, or repair that begins under
2-57     an agreement made on or after January 1, 2002, or that begins, in
2-58     the absence of an agreement, on or after that date.  Residential
2-59     construction, remodeling, alteration, or repair that begins under
2-60     an agreement made before January 1, 2002, or that begins, in the
2-61     absence of an agreement, before that date is governed by the law in
2-62     effect when the agreement was made or the activity began, as
2-63     appropriate,  and that law is continued in effect for that purpose.
2-64           (b)  Municipalities shall, before January 1, 2002, establish
2-65     rules and take other necessary actions to implement Subchapter G,
2-66     Chapter 214, Local Government Code, as added by this Act.
2-67           SECTION 4.  This Act takes effect January 1, 2002, except
2-68     that Subsection (b), Section 3 of this Act, and this section take
2-69     effect September 1, 2001.
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