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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