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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

2-22 applications.

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

Approved:

_______________________________

Date

_______________________________

Governor

Enrolled version of SB 365
Texas Adopts First Ever Statewide Building Code

281-337-4052

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