28 TAC §5.4008
The Commissioner of Insurance adopts amendments to 28 TAC
§5.4008 concerning building code specifications in the plan of operation
of the Texas Windstorm Insurance Association. The amended section adopts by
reference amendments to the Building Code for Windstorm Resistant Construction
that supercede the amendments which were adopted pursuant to an emergency
under Commissioner's Order Number 98-1025, effective September 3, 1998. Section
5.4008 is adopted without changes to the proposed text as published in the
October 23, 1998, issue of the
Texas Register
(23 TexReg 10798), which text will not be republished, and with changes to
the proposed amendments which the section adopts by reference, all of which
are more particularly described below. The amended section was considered
in a public hearing on November 24, 1998, under Docket No. 2385, by the Senior
Associate Commissioner for Regulation and Safety acting pursuant to Delegation
Order #98-1354.
The amended section concerns building code specifications in the plan of
operation of the Texas Windstorm Insurance Association (Association or TWIA).
Created in 1971 by the Texas Legislature as the Texas Catastrophe Property
Insurance Association, the Association is composed of all insurers authorized
to transact property insurance in Texas and operates pursuant to Article 21.49
of the Insurance Code. The Texas Legislature in H.B. 1632 (Acts 1997, 75th
Leg., ch. 438, §1, eff. Sept. 1, 1997) changed the name of the Texas
Catastrophe Property Insurance Association to the Texas Windstorm Insurance
Association. The purpose of the Association is to provide windstorm and hail
insurance coverage to residents in designated catastrophe areas who are unable
to obtain such coverage in the voluntary market. Since its inception, the
Association has provided this coverage to residents of 14 coastal counties,
including Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson,
Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio and Willacy. The
Association also provides coverage to certain designated catastrophe areas
in Harris County, including (i) effective March 1, 1996, the area located
east of a boundary line of State Highway 146 and inside the city limits of
the City of Seabrook and the area located east of the boundary line of State
Highway 146 and inside the city limits of the City of La Porte (Commissioner's
Order No. 95-1200, November 14, 1995); (ii) effective June 1, 1996, the City
of Morgan's Point (Commissioner's Order No. 96-0380, April 5, 1996); and (iii)
effective April 1, 1997, in areas located east of State Highway 146 and inside
the city limits of the City of Shoreacres and the City of Pasadena (Commissioner's
Order No. 97-0225, March 11, 1997). The Association's plan of operation specifies
in §5.4008 the applicable building code standards to qualify for coverage
from the Association as required by Article 21.49, §6A of the Insurance
Code for structures located in designated catastrophe areas which were constructed,
repaired, or to which additions are made on and after September 1, 1998, the
effective date of the Building Code for Windstorm Resistant Construction (the
code), adopted by reference in §5.4008(a) pursuant to Commissioner's
Order No. 98-0803. The amendments are necessary to (i) expand the standards
and specifications of the code to provide additional prescriptive construction
methods to be used in the construction, repair and additions of buildings
located in the designated catastrophe areas to increase the building options
available to the building industry and consumers; (ii) provide an exemption
for application of the code to historical structures located in the designated
catastrophe areas; and, (iii) make editorial and non substantive changes.
The amendments are a result of recommendations by the Building Code Advisory
Committee to expand the available use of the code in the designated catastrophe
areas. Article 21.49 §6A(f), Insurance Code, requires the commissioner
to appoint a Building Code Advisory Committee (advisory committee) to advise
and make recommendations to the commissioner on building specifications in
the TWIA plan of operation for structures to be eligible for windstorm and
hail insurance through the TWIA. Article 21.49, §6A(f) requires that
the advisory committee be composed of one representative of the TWIA, a representative
of the residential building industry in the catastrophe area, a representative
of municipal building officials in the catastrophe area, a registered professional
engineer who resides in the catastrophe area with knowledge of building codes,
a representative of the commissioner, a county commissioner or county judge,
and other persons as may be deemed appropriate by the commissioner. Pursuant
to Texas Revised Civil Statutes, Article 6252-33, 28 TAC §5.4002 was
adopted (Commissioner's Order No. 94-0183 (February 18, 1994)) to specify
the advisory committee's purpose and scope, tasks, reporting requirements,
and composition and duration.
After adoption of the code by the commissioner under Commissioner's Order
No. 97-0626, dated June 30, 1997, the department staff developed a training
program on the use of the code and provided training and educational seminars
to the building industry in the designated catastrophe areas. During those
training sessions, comments and recommendations for improving the code were
solicited from the training participants. These comments and recommendations
were provided to the advisory committee for review at an advisory committee
meeting on May 20, 1998. The advisory committee requested the department staff
to proceed with developing the recommended changes for inclusion into the
existing code and to provide the advisory committee members the final recommended
changes at the next advisory committee meeting. The advisory committee met
on July 31, 1998 to consider the proposed recommendations presented by the
department staff and unanimously voted to recommend the code changes for the
commissioner's consideration.
The department has made a change in section 104 of the amendments adopted
by reference which change resulted from the numerous requests and recent inquiries
received from builders and contractors concerning the need for flexibility
in the code's application to introduce alternative products and construction
methods, in order to provide additional options for builders and contractors
and to avoid stifling construction along the coast. The amendment to section
104 would allow the use of alternate materials or methods of construction
not specifically prescribed in the code. The alternate material or method
of construction must be at least equivalent to that prescribed by the code,
must meet the wind load provisions of ASCE 7-93, a nationally recognized consensus
design standard, and must be accepted by the Texas Department of Insurance
prior to its use. This amendment has also been reviewed by the Building Code
Advisory Committee and the Texas Association of Builders with no objections
received. This amendment facilitates the purposes and benefits of the amendments
to the code as proposed which, among other things, provide additional flexibility
to builders and allow them to select the most effective way to achieve the
standards set forth in the code. Staff has also made editorial, grammatical,
and typographical changes to the amendments adopted by reference.
Amended §5.4008 adopts by reference the following amendments to the
code:
A. Throughout the code, references to the Texas Catastrophe Property Insurance
Association (TCPIA) are changed to Texas Windstorm Insurance Association (TWIA)
and references to Texas registered professional engineers are changed to Texas
licensed professional engineers to be consistent with the current changes
in the Texas Engineering Practice Act.
B. Section 100, General Requirements: Editorial changes are made in this
section to simplify and clarify inspection procedures by the department and
to change the references to inspection forms used by the department which
have been adopted under a separate rule. Editorial changes are made to the
simplified wind pressures to clarify applicable building types. Section 104
is changed to allow the use of alternate materials or methods of construction
not specifically prescribed in the code, but which are at least equivalent
to that prescribed by the code, and which must meet the wind load provisions
of ASCE 7-93 and must by accepted by the Texas Department of Insurance prior
to use.
C. Section 200, Basic Definitions, Assumptions, and Limitations of the
Prescriptive Code.
1. 201, Applicability. A new exemption is added to this section to exempt
historical structures from the requirements of the code. Historical structures
are defined as those structures which are listed or eligible to be listed
in the National Register of Historic Places or listed as a Recorded Texas
Historic Landmark or designated by official action of a legally constituted
municipal or county authority as having special historical and architectural
significance and is at least 50 years old. This section also clarifies that
the prescriptive requirements are intended primarily for wind resistant construction.
2. 207, Limitations on the Prescriptive Code. Editorial changes are made
to define mean roof height and to clarify the maximum allowable wall height.
Illustrations are added to show mean roof height and building height limitations.
Expanded limitations for building dimensions and roof span limitations for
one- and two-story buildings are added to increase the number of buildings
eligible to be constructed using the prescriptive building code.
3. 208, Design Loads. Non substantive editorial changes are made to clarify
and simplify the requirements contained in this section of the code.
4. 211, Materials. A reference is added to indicate that properly graded
finger-jointed lumber is an acceptable material to be used in the construction
of a structure subject to the new code. Specifications for gypsum wallboard
are added to be consistent with references to other specifications of building
materials. Clarifications and specifications are added for corrosion resistant
standards for fasteners and metal framing connectors.
D. Section 300, Prescriptive Requirements, Area Inland of the Dividing
Line.
1. 301, Foundations. A clarification provides that the structural requirements
for reinforcement in the grade beams are for uplift resistance only. The dimensions
and reinforcement requirements for grade beams are revised. New options and
equivalencies are added for welded wire fabric, such as synthetic fiber reinforcement.
The amount of cover required for reinforcement in the grade beams is added
to the code and clarification of the requirements for tying reinforcing rebar
for masonry wall anchorage is also added to the code. Additional alternatives
and minimum design requirements are included for other anchorage systems to
substitute for anchor bolts in slabs. The pile foundation section is reorganized
for clarity. The requirements for bolts to beam and pile connections are improved.
2. 302, Floor Framing. The blocking requirements for floor joists are eliminated
as unnecessary. A new option is added for the fastening of the floor sheathing
to the floor framing.
3. 303, Wood Stud Wall Framing. A new exception is added to allow recessed
front entryways with loadbearing walls in excess of 10 feet. A clarification
is added for the species of lumber that can be used for loadbearing walls
and an option is added for the use of lower grade lumber for the trimmer and
cripple studs and for the use of standard grade lumber for top plates. Clarifications
are added for the requirements and application for uplift resistance for each
wall stud and cripple stud. The application of anchorage requirements for
framing around openings is clarified. The uplift resistance tables for wall
studs and framing around openings is expanded for larger roof spans. The requirements
and application for the construction of the garage door returns is clarified
and the use of No. 2 Southern Pine and glue-laminated beams for the garage
door headers is included. Wall bracing tables are revised to include minimum
length of shearwalls for buildings with roof spans up to 48 feet. The wall
bracing section is revised to clarify the use of a minimum shearwall segment
along exterior walls, to provide options for fasteners for gypsum wallboard,
to permit the use of single studs at the end of shearwall segments, to provide
options for alternative sheathing applications, to include an exception to
the minimum shearwall segment for recessed front entryways and to address
sheathing requirements for gable endwalls. An optional provision is added
to address the use of sheathing for wall bracing and uplift resistance along
with the use of structural panels exclusively for uplift resistance. Holddown
capacities are revised and capacities have been added for buildings with a
wall height of 9 feet. Illustrations are added or revised to clarify the use
of sheathing for shear transfer and to clarify the use and installation of
shear transfer framing anchors. Bolt dimensions are clarified for use in anchoring
of chimney framing.
4. 304, Masonry Walls. The minimum shearwall segments at any location on
the structure are clarified in the code. Wall bracing tables are revised to
include minimum length of shearwalls for buildings with roof spans up to 48
feet. Illustrations are revised to clarify the application of shearwall segments
and to clarify the definition of pier height. A new section is added to address
interior walls, both wood frame and masonry construction, in a masonry building.
5. 305, Ceiling Framing. A clarification is added regarding the application
of bracing in the ceiling joist section of the code. A clarification is added
to indicate the acceptable locations of bracing in gable endwalls. The existing
illustration for wall studs at a gable endwall is revised to show uplift connections
of the top plate to the wall stud.
6. 306, Roof Framing. New options are added to specify rafter span options
for tile roofs and for ceilings that are attached and not attached to rafters.
A new option is provided for hip splices. Location of rafter bracing and purlins
is clarified, and the minimum ridge board requirements are clarified along
with a clarification of the species and grade of lumber used for ridge boards.
The span table for ridge beams is revised to comply with deflection limitations.
An option is included for replacing collar ties with ridge straps. The illustration
showing the correct lap for ceiling joists is revised. A clarification for
the application of ridge straps is included and a clarification to address
thrust loads on rafters where a structure has a cathedral ceiling is also
added. The minimum thickness of sheathing is clarified to be 7/16 of an inch.
The uplift resistance table is expanded for larger roof spans. The blocking
requirements for roof decking at gable endwalls when balloon framing is used
are eliminated as unnecessary.
7. 307, Roof Coverings. The application of the metal drip edge on a composition
roof is clarified and the methodology for the application of asphalt plastic
cement to composition shingles at the eaves and at the gable ends is also
clarified. The slope limitation and nailing requirements for a composition
roof are also clarified.
8. 308, Exterior Openings. Wind pressure options are added for doors, windows
and garage doors. Fastener requirements for garage doors and exterior windows
are clarified. The requirements for wind pressure are added for skylights,
which were not included in the existing code.
9. 309, Exterior Coverings. A clarification is added that the underlayment
requirements for wood structural panel siding can be either building paper
or an equivalent moisture barrier. A clarification is added to stipulate that
various board sidings and brick veneer cannot be used for lateral load resistance.
Requirements for turbine and ridge vents are added to outline the wind load
specifications.
10. 310, Mechanical and Exterior Equipment. A clarification is added that
where lumber is exposed, such lumber must be treated lumber.
11. 311, Miscellaneous Construction. It is clarified that this section
also addresses manufactured awnings in addition to patio covers. Illustrations
are added for construction of supported overhangs and covered porches. Specifications
are added for species and grade of lumber for the support beams and posts
for supported overhangs and covered porches. Span requirements for support
beams are revised to comply with deflection requirements. The allowable dimensions
for supported overhangs and covered porches are expanded, and the uplift load
requirements have been revised. A clarification is also added regarding overhang
limitations.
12. 312, Reroofing a Wood Shingle or Shake Roof. A new option is added
to provide for the application of structural sheathing over space boards.
E. Section 400, Prescriptive Requirements, Area Seaward of Established
Dividing Line.
1. 401, Foundations. A clarification is added that the structural requirements
for reinforcement in the grade beams are for uplift resistance only. The dimensions
and reinforcement requirements for grade beams are revised. New options and
equivalencies are added for welded wire fabric, such as synthetic fiber reinforcement.
The amount of cover required for reinforcement in the grade beams is added
to the code and clarification of the requirements for tying reinforcing rebar
for masonry wall anchorage is also added to the code. Additional alternatives
and minimum design requirements are included for other anchorage systems to
substitute for anchor bolts in slabs. The pile foundation section is reorganized
for clarity. The requirements for bolts to beam and pile connections are improved.
2. 402, Floor Framing. The blocking requirements for floor joists are eliminated
as unnecessary. A new option is added for the fastening of the floor sheathing
to the floor framing.
3. 403, Wood Stud Wall Framing. A new exception is added to allow recessed
front entryways with loadbearing walls in excess of 10 feet. A clarification
is added for the species of lumber that can be used for loadbearing walls
and an option is added for the use of lower grade lumber for the trimmer and
cripple studs and for the use of standard grade lumber for top plates. Clarifications
are added for the requirements and application for uplift resistance for each
wall stud and cripple stud. The application of anchorage requirements for
framing around openings is clarified. The uplift resistance tables for wall
studs and framing around openings is expanded for larger roof spans. The requirements
and application for the construction of the garage door returns is clarified
and the use of No. 2 Southern Pine and glue-laminated beams for the garage
door headers is included. Wall bracing tables are revised to include minimum
length of shearwalls for buildings with roof spans up to 48 feet. The wall
bracing section is revised to clarify the use of a minimum shearwall segment
along exterior walls, to provide options for fasteners for gypsum wallboard,
to permit the use of single studs at the end of shearwall segments, to provide
options for alternative sheathing applications, to include an exception to
the minimum shearwall segment for recessed front entryways and to address
sheathing requirements for gable endwalls. An optional provision is added
to address the use of sheathing for wall bracing and uplift resistance along
with the use of structural panels exclusively for uplift resistance. Holddown
capacities are revised and capacities have been added for buildings with a
wall height of 9 feet. Illustrations are added or revised to clarify the use
of sheathing for shear transfer and to clarify the use and installation of
shear transfer framing anchors. Bolt dimensions are clarified for use in anchoring
of chimney framing.
4. 404, Masonry Walls. The minimum shearwall segments at any location on
the structure are clarified in the code. Wall bracing tables are revised to
include minimum length of shearwalls for buildings with roof spans up to 48
feet. Illustrations are revised to clarify the application of shearwall segments
and to clarify the definition of pier height. A new section is added to address
interior walls, both wood frame and masonry construction, in a masonry building.
5. 405, Ceiling Framing. A clarification is added regarding the application
of bracing in the ceiling joist section of the code. A clarification is added
to indicate the acceptable locations of bracing in gable endwalls. The existing
illustration for wall studs at a gable endwall is revised to show uplift connections
of the top plate to the wall stud.
6. 406, Roof Framing. New options are added to specify rafter span options
for tile roofs and for ceilings that are attached and not attached to rafters.
A new option is provided for hip splices. Location of rafter bracing and purlins
is clarified, and the minimum ridge board requirements are clarified along
with a clarification of the species and grade of lumber used for ridge boards.
The span table for ridge beams is revised to comply with deflection limitations.
An option is included for replacing collar ties with ridge straps. The illustration
showing the correct lap for ceiling joists is revised. A clarification for
the application of ridge straps is included and a clarification to address
thrust loads on rafters where a structure has a cathedral ceiling is also
added. The minimum thickness of sheathing is clarified to be 15/32 of an inch.
The uplift resistance table is expanded for larger roof spans. The blocking
requirements for roof decking at gable endwalls when balloon framing is used
are eliminated as unnecessary.
7. 407, Roof Coverings. The application of the metal drip edge on a composition
roof is clarified and the methodology for the application of asphalt plastic
cement to composition shingles at the eaves and at the gable ends is also
clarified. The slope limitation and nailing requirements for a composition
roof are also clarified.
8. 408, Exterior Openings. Wind pressure options are added for doors, windows
and garage doors. Fastener requirements for garage doors and exterior windows
are clarified. The requirements for wind pressure are added for skylights
which were not included in the existing code. It is clarified that exterior
opening systems must meet wind pressure requirements in addition to either
being designed to resist or protected from impact by windborne debris. A new,
prescriptive option for impact protective systems is added to the code using
wood structural panels for application to wood frame construction. This new
option can be used in lieu of proprietary products, such as shutters or impact
resistant windows, outlined or specified in the department's product evaluation
reports.
9. 409, Exterior Coverings. A clarification is added that the underlayment
requirements for wood structural panel siding can be either building paper
or an equivalent moisture barrier. A clarification is added to stipulate that
various board sidings and brick veneer cannot be used for lateral load resistance.
Requirements for turbine and ridge vents are added to outline the wind load
specifications.
10. 410, Mechanical and Exterior Equipment. A clarification is added that
where lumber is exposed, such lumber must be treated lumber.
11. 411, Miscellaneous Construction. Clarified that this section also addresses
manufactured awnings in addition to patio covers. Illustrations are added
for construction of supported overhangs and covered porches. Specifications
are added for species and grade of lumber for the support beams and posts
for supported overhangs and covered porches. Span requirements for support
beams are revised to comply with deflection requirements. The allowable dimensions
for supported overhangs and covered porches are expanded, and the uplift load
requirements have been revised. A clarification is also added regarding overhang
limitations.
12. 412, Reroofing a Wood Shingle or Shake Roof. A new option is added
to provide for the application of structural sheathing over space boards.
F. Appendices.
1. Windstorm Offices. Updated telephone numbers of the Texas Department
of Insurance's windstorm field offices are added to this appendix.
2. Glossary. New definitions of construction terms used in the code are
added or revised in this appendix.
3. TDI Standard TDI 1-98. Definitions for porous and nonporous impact protective
systems are added. The acceptance criteria for impact protective systems and
exterior opening systems are clarified.
4. Reference Material Sources. References are added to include additional
national standards used in the development of the code.
5. Shearwall Examples. Existing shearwall examples are clarified to incorporate
the amendments to the code.
6. Fastening Schedule. Additional options are provided for fasteners.
7. Figures. Illustrations are added to correspond to changes and clarifications
for the code. The effective date of the amendments is December 31, 1998.
SUMMARY OF COMMENTS AND AGENCY'S RESPONSE TO COMMENTS. Comment: A commenter
supports the adoption of changes to 28 TAC §5.4008 incorporating revisions
to the new coastal building code. The commenter says the revisions greatly
increase the flexibility of the code, thereby increasing the options available
to home buyers, and the revisions serve to clarify areas of uncertainty.
Agency Response: The department agrees and appreciates the comments.
NAMES OF THOSE COMMENTING FOR AND AGAINST THE SECTION. For: Texas Association
of Builders.
The amendments are adopted pursuant to the Insurance Code Articles
21.49 and 1.03A. Article 21.49, §6A specifies building code requirements
and approval or inspection procedures for windstorm and hail insurance through
the Association. Article 21.49, §6A(f), Insurance Code, requires the
Commissioner to appoint a Building Code Advisory Committee to advise and make
recommendations to the Commissioner on building specifications in the Association's
plan of operation for structures to be eligible for windstorm and hail insurance
through the Association. Article 21.49, §5(c) of the Insurance Code provides
that the Commissioner of Insurance by rule shall adopt the Association's plan
of operation with the advice of the Association's board of directors. Article
21.49, §6A(f) and §5(c), by their terms, delegate the foregoing
authority to the State Board of Insurance. However, under Article 1.02 of
the Insurance Code, a reference in the Insurance Code or another insurance
law to the State Board of Insurance means the Commissioner of Insurance or
the Texas Department of Insurance, as consistent with the respective powers
and duties of the Commissioner and the Department under Article 1.02. Article
1.03A authorizes the Commissioner of Insurance to adopt rules and regulations,
which must be for general and uniform application, for the conduct and execution
of the duties and functions of the Texas Department of Insurance only as authorized
by statute.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December
1, 1998.
TRD-9818076
Lynda H. Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: December 21, 1998
Proposal publication date: October 23, 1998
For further information, please call: (512) 463-6327