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Enrolled version of SB 365
Texas Adopts Statewide Building Code
Cities to Enforce

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-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

         _______________________________

                    Goveror