Proposed Rules Title 16

TITLE 16. ECONOMIC REGULATION

Part 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

Chapter 70. INDUSTRIALIZED HOUSING AND BUILDINGS

16 TAC §70.100, §70.101

The Texas Department of Licensing and Regulation ("Department") proposes amendments to existing rules at 16 Texas Administrative Code, §70.100 and §70.101 regarding the industrialized housing and buildings (IHB) program. The purposes of the proposed amendments are to adopt more recent editions of the mandatory building codes in the IHB program and to make necessary amendments to the codes.

Section 70.100(a) is amended to set the effective date of adoption of later code editions as October 31, 2008. A reference is added to the specific location in the rules where the codes are amended. The rule is amended to adopt the 2008 National Electric Code (NEC), the 2006 International Building Code (IBC), the 2006 International Fuel Gas Code (IFGC), the 2006 International Plumbing Code (IPC), the 2006 International Mechanical Code (IMC), and the 2006 International Residential Code (IRC). Texas Occupations Code, §1202.152 requires the Industrialized Building Code Council to adopt later editions of the codes adopted by the statute if the Council determines that the use of these later code editions is in the public interest and consistent with the purposes of Texas Occupations Code, Chapter 1202.

Section 70.100(c) is amended to update the effective dates of adoption of past code editions. The amendment is proposed so that municipalities and other interested parties will know what code editions were met for buildings constructed prior to October 31, 2008.

Section 70.101(d) specifies amendments to the International Building Code (IBC) as adopted in §70.100. Section 70.101(d)(1) is amended to make the language consistent with other code amendments proposed. Section 70.101(d)(2) amends §101.1 of the IBC to add Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, as governing provisions for the Texas IHB program. The amendment clarifies that the statute and rules control in the event of any conflicts between the adopted codes and the statute and rules.

Section 70.101(d)(3) amends §101.4 of the IBC to clarify that the codes adopted in §101.4.8 as well as those adopted in §§101.4.1 through 101.4.7 are considered part of the IBC and to clarify that adopted amendments to those codes are part of the IBC.

Section 70.101(d)(4) amends §101.4 of the IBC by adding §101.4.8 to specify the International Existing Building Code as the applicable code for the repair, alteration or additions, and changes of occupancy of previously occupied non-permanent industrialized buildings. The revision is made to conform to the requirements of the existing rules for the IHB program.

Section 70.101(d)(5) amends §104.1 of the IBC to clarify that the term "building official" means either the TDLR Commission, the TDLR executive director, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202.

Section 70.101(d)(6) amends §102.6 to add that existing industrialized buildings that bear an approved certification decal or insignia and that have not been altered or modified are considered to be in compliance with the current mandatory building codes. The revision is made to conform to the requirements of Texas Occupations Code, Chapter 1202.

Sections 70.101(d)(7) through 70.101(d)(10) amends §§110.1, 110.2, 110.3, and 110.4 of the IBC to clarify that the certificates of occupancy are issued by the local building official and that certificates of occupancy shall be issued or revoked in accordance with locally adopted rules and regulations.

Section 70.101(d)(11) amends §311.3 of the IBC to add equipment shelters as an example of the type of building that falls under occupancy group S-2. The change is made to assure that all equipment shelters are classified equally.

Section 70.101(d)(12) is amended to clarify that the Texas Accessibility Standards (TAS) apply to accessibility requirements in Texas and to delete the reference to a specific rule section in 16 Texas Administrative Code, Chapter 68. The deletion is necessary to assure that the IHB rules accurately reference the elimination of architectural barriers rules.

Section 70.101(d)(13) amends the referenced standards in chapter 35 of the IBC to assure compliance with the adoption of TAS in §70.101(d)(12), the adoption of the 2008 NEC in §70.100, and the adoption of the IEBC in §70.101(d)(4) of the IHB rules.

Section 70.101(e) specifies amendments to the IIFGC as adopted in §70.100.

Section 70.101(e)(1) amends §101.1 of the IFGC to identify the code as the fuel gas code for the Texas IHB program.

Section 70.101(e)(2) amends §101.4 of the IFGC to add Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, as governing provisions for the Texas IHB program. The amendment clarifies that the statute and rules control in the event of any conflicts between the adopted codes and the statute and rules.

Section 70.101(e)(3) amends §102.7 of the IFGC to specify the International Existing Building Code (IEBC) as the applicable code for the repair, alteration or additions, and changes of occupancy of previously-occupied, non-permanent industrialized buildings. The revision is made to conform to the requirements of the existing rules for the IHB program.

Section 70.101(e)(4) amends §102.8 of the IFGC to clarify that adopted amendments to referenced codes are part of the IFGC.

Section 70.101(e)(5) amends the referenced standards in Chapter 8 of the IFGC to add code section 102.7 as a code referenced section for ICC Standard IEBC-06. This revision is necessary because the amendment to §70.101(e)(3) adopts the IEBC as the applicable code for the alterations of industrialized buildings and to conform to existing rules for the IHB program.

Section 70.101(f) amends the International Plumbing Code (IPC) as adopted in § 70.100.

Section 70.101(f)(1) amends §101.1 of the IPC to identify the code as the plumbing code for the Texas IHB program.

Section 70.101(f)(2) amends §101.3 of the IPC to add Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, as governing provisions for the Texas IHB program. The revision is made to clarify that the statute and rules control in the event of any conflicts between the adopted codes and the statute and rules.

Section 70.101(f)(3) amends §102.7 of the IPC to specify the International Existing Building Code (IEBC) as the applicable code for the repair, alteration or additions, and changes of occupancy of previously-occupied, non-permanent industrialized buildings. The revision is made to conform to the requirements of the existing rules for the IHB program.

Section 70.101(f)(4) amends §102.8 of the IPC to clarify that adopted amendments are part of the IPC.

Section 70.101(f)(5) amends the referenced standards in chapter 13 of the IPC to assure compliance with the adoption of the 2008 NEC in §70.100 and because the amendment to §70.101(f)(3) adopts the IEBC as the applicable code for the alterations of industrialized buildings and to conform to existing rules for the IHB program.

Section 70.101(g) amends the International Mechanical Code (IMC) as adopted in §70.100.

Section 70.101(g)(1) amends §101.1 of the IMC to identify the code as the mechanical code for the Texas IHB program.

Section 70.101(g)(2) amends §101.3 of the IMC to add Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, as governing provisions for the Texas IHB program. The revision is made to clarify that the statute and rules control in the event of conflicts between the adopted codes and the statute and rules.

Section 70.101(g)(3) amends §102.7 of the IMC to specify the International Existing Building Code (IEBC) as the applicable code for the repair, alteration or additions, and changes of occupancy of previously-occupied, non-permanent industrialized buildings. The revision is made to conform to the requirements of the existing rules for the IHB program.

Section 70.101(g)(4) amends §102.8 of the IMC to clarify that adopted amendments are part of the IMC.

Section 70.101(g)(5) amends Chapter 13 of the IMC to add code section 102.7 as a code referenced section for ICC Standard IEBC-06. The revisions are necessary because the amendment to §70.101(f)(3) adopts the IEBC as the applicable code for the alterations of industrialized buildings and to conform to existing rules for the IHB program.

Section 70.101(h) amends the International Residential Code (IRC) as adopted in §70.100.

Section 70.101(h)(1) amends §R101.1 of the IRC to identify the code as the residential code for one- and two-family dwellings for the Texas IHB program.

Section 70.101(h)(2) adds §R101.4 to the IRC to specify that the provisions of the NEC shall apply to the installation of electrical systems in residential buildings. This revision is necessary to assure compliance with the adoption of the 2008 NEC in §70.100.

Sections 70.101(h)(3) and §70.101(h)(4) amend §R202 of the IRC by adding a definition for "Glazing Area" and by amending the definition of "Townhouse." The addition of the definition for "Glazing Area" is necessary because the window to wall area ratios have been added to the prescriptive tables of Chapter 11 of the IRC. This change is necessary to satisfy the requirement of Texas Health and Safety Code, Chapter 388 that subsequent editions of energy codes be at least as stringent as the 2001 edition. The revision to the definition of "Townhouse" is necessary to be consistent with terminology commonly used in Texas.

Section 70.101(h)(5) amends §R301.2 of the IRC to add a requirement that if no criteria is established by the local authorities in accordance with this section, then the criteria shall be in accordance with the footnotes of Table R301.2(1). The revision is to clarify that climatic and design criteria shall be in accordance with the mandatory building code where there are no local authorities to set the criteria.

Section 70.101(h)(6) amends §R303.8 of the IRC to clarify that all dwellings in Texas meet the threshold requirements for required heating in accordance with the criteria set by the mandatory building codes.

Section 70.101(h)(7) amends §R317.1 of the IRC to add an exception that two-family dwellings divided by a property line through the structure shall be separated as required for townhouses. This revision is consistent with the revised definition of "Townhouse" in §70.101(h)(4).

Sections 70.101(h)(8) through 70.101(h)(22) are necessary to satisfy the "not less stringent" requirement when adopting subsequent editions of energy codes in accordance with Texas Health and Safety Code, Chapter 388.

Section 70.101(h)(8) amends §N1101.2.1 of the IRC by specifying a new table for the location of the warm humid counties for Texas.

Section 70.101(h)(9) adds §N1101.2.2 to the IRC to specify when compliance software tools may be used and which compliance software tools may be used to show compliance with the energy code.

Section 70.101(h)(10) amends Figure N1101.2 by replacing the map of Texas with the map of Texas shown in exhibit 1.

Section 70.101(h)(11) amends the IRC by deleting the climate zones for Texas from Table N1101.2 and adding climate zones and sub climate zones for Texas to Table N1101.2 as shown in exhibit 2.

Section 70.101(h)(12) amends the IRC by deleting the Texas counties from Table N1101.2.1 and adding a new Table N1101.2.2 Warm Humid Counties for Texas as shown in exhibit 3.

Section 70.101(h)(13) amends §N1101.7 of the IRC to allow alternative compliance in accordance with Texas Health and Safety Code, Chapter 388.

Section 70.101(h)(14) amends § N1102.1 of the IRC by allowing a reduction in the R-value of the roof insulation in certain cases. The revision increases the number who could use the "simplified prescriptive" approach without decreasing the energy efficiency requirements of the code.

Section 70.101(h)(15) amends the IRC by replacing Table N1102.1, Insulation and Fenestration Requirements by Component, with a new Table N1102.1 that shows insulation and fenestration requirements for Texas. The new table is shown in exhibit 4.

Section 70.101(h)(16) amends the IRC by replacing Table N1102.1.2 Equivalent U-Factors with a new Table N1102.1.2. The new table is shown in exhibit 5.

Section 70.101(h)(17) amends §N1102.3.2 of the IRC by requiring an area-weighted average solar heat gain coefficient (SHGC) of 0.40 or less in certain sub-climate zones.

Section 70.101(h)(18) amends §N1102.3.3 of the IRC to allow up to 1% of glazed fenestration to be exempt from the U-factor and SHGC requirements.

Section 70.101(h)(19) amends §N1102.3.5 of the IRC by deleting the first sentence of the code section.

Section 70.101(h)(20) amends §N1102.3.6 of the IRC by adding two exceptions. The first exception indicates that replacement fenestration may comply with the original construction documents and the second exception limits the area-weighted average SHGC to 0.40 in certain sub-climate zones.

Section 70.101(h)(21) adds to the IRC a prescriptive path for additions with new §N1102.3.7.

Section 70.101(h)(22) adds to the IRC new Table N1102.3.7, prescriptive envelope component criteria for additions and replacements. The new table is shown in exhibit 6.

Section 70.101(h)(23) deletes Part VIII, Electrical, Chapter 33 through 42 from the IRC. This revision is necessary as these chapters are based on the 2005 edition of the NEC, and the IHB program is adopting the 2008 edition of the NEC.

Section 70.101(h)(24) amends the referenced standards in chapter 43 of the IRC because the IHB program is adopting the 2008 NEC as shown in §70.100(a) and to document acceptable energy code software compliance tools that may be used in place of the prescriptive requirements of the code.

Section 70.101(i) amends the International Existing Building Code (IEBC) as adopted in § 70.101(d).

Section 70.101(i)(1) amends §101.1 of the IEBC to identify the code as the existing building code for the Texas IHB program.

Section 70.101(i)(2) amends the IEBC by replacing references to ICC A117.1 and chapter 11 of the IBC with the Texas Accessibility Standards (TAS). The revisions are made to clarify that compliance with TAS is required in Texas.

Section 70.101(i)(3) amends §101.4.1 of the IEBC to clarify that buildings constructed under previous editions of the mandatory building codes adopted by the Industrialized Building Code Council do not have to be brought up to the current mandatory building codes. This revision is to clarify the requirements of Texas Occupations Code, Chapter 1202.

Section 70.101(i)(4) amends the IEBC by deleting Chapter 11, Historic Buildings, as the Texas IHB program does not deal with historic buildings.

Section 70.101(i)(5) amends §1301.2 of the IEBC to clarify that additions, alterations or changes of occupancy of structures existing prior to the effective date of adoption of the current mandatory building codes shall comply with the provisions of the IEBC.

Section 70.101(i)(6) amends the referenced standards in Chapter 15 of the IEBC to assure compliance with the adoption of TAS in §70.101(i)(2) and the adoption of the 2008 NEC in §70.100.

Section 70.101(j) amends the International Energy Conservation Code (IECC) as adopted in §101.4 of the IBC.

Section 70.101(j)(1) amends §101.1 of the IECC to identify the code as the energy code for the Texas IHB program.

Sections 70.101(j)(2) through 70.101(j)(19) are necessary to satisfy the "not less stringent" requirement when adopting subsequent editions of energy codes in accordance with Texas Health and Safety Code, Chapter 388.

Section 70.101(j)(2) amends §103.1.1 of the IECC to allow alternative compliance in accordance with Texas Health and Safety Code, Chapter 388.

Section 70.101(j)(3) amends §202 of the IECC by adding a definition for "Glazing Area." The addition of the definition for "Glazing Area" is necessary because the window to wall area ratios have been added to the prescriptive tables of chapter 4 of the IECC.

Section 70.101(j)(4) amends §301.1 of the IECC by referencing separate figures and tables for energy zones for residential and commercial buildings.

Section 70.101(j)(5) adds new Figure 301.2, Texas Residential Climate Zones to the IECC.

Section 70.101(j)(6) amends Table 301.1 of the IECC by adding "Commercial Zones Only" next to the heading for Texas and by adding the Zone 2 moist counties for Texas to the table.

Section 70.101(j)(7) amends the IECC by adding Table 301.1(1), Residential Climate Zones and Sub-Climate Zones for Texas.

Section 70.101(j)(8) amends Table 301.2 of the IECC by adding "Commercial Buildings Only" next to the heading for Texas and by adding the zone 2 counties for Texas to the table.

Section 70.101(j)(9) amends the IECC by adding Table 301.2(1), Warm Humid Counties for Texas - Residential.

Section 70.101(j)(10) adds §401.2.1 to the IECC to specify when compliance software tools may be used and which compliance software tools may be used to show compliance with the energy code.

Section 70.101(j)(11) amends §402.1.1 of the IECC by allowing a reduction in the R-value of the roof insulation in certain cases. The revision increases the number who could use the "simplified prescriptive" approach without decreasing the energy efficiency requirements of the code.

Section 70.101(j)(12) amends the IECC by replacing Table 402.1.1, Insulation and Fenestration Requirements by Component, with a new Table 402.1.1 that shows insulation and fenestration requirements for Texas.

Section 70.101(j)(13) amends the IECC by replacing Table 402.1.3, Equivalent U-Factors, with a new Table 402.1.3.

Section 70.101(j)(14) amends §402.3.2 of the IECC by requiring an area-weighted average SHGC of 0.40 or less in certain sub-climate zones.

Section 70.101(j)(15) amends §402.3.3 of the IECC to allow up to 1% of glazed fenestration to be exempt from the U-factor and SHGC requirements.

Section 70.101(j)(16) amends §402.3.5 of the IECC by deleting the first sentence of the code section.

Section 70.101(j)(17) amends §402.3.6 of the IECC by adding two exceptions. The first exception indicates that replacement fenestration may comply with the original construction documents and the second exception limits the area-weighted average SHGC to 0.40 in certain sub-climate zones.

Section 70.101(j)(18) adds to the IECC a prescriptive path for additions with new §402.3.7.

Section 70.101(j)(19) adds to the IECC new Table 402.3.7, prescriptive envelope component criteria for additions and replacements.

Section 70.101(j)(20) adds §501.3, Compliance Software Tools, to the IECC to specify when compliance software tools and which compliance software tools may be used to show compliance with the energy code.

Section 70.101(j)(21) amends the referenced standards in chapter 6 of the IECC to document acceptable energy code software compliance tools that may be used in place of the prescriptive requirements of the code.

Section 70.101(k) specifies amendments to the ICC Electrical Code as adopted in §101.4 of the IBC.

Section 70.101(k)(1) amends §101.1 of the ICC Electrical Code to identify the code as the electrical code for the Texas IHB program.

Section 70.101(k)(2) amends §101.3 of the ICC Electrical Code to add Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, as governing provisions for the Texas IHB program. The revision is made to clarify that the statute and rules control in the event of conflicts between the adopted codes and the statute and rules.

Section 70.101(k)(3) amends §102.1.5 of the ICC Electrical Code to specify the International Existing Building Code (IEBC) as the applicable code for the repair, alteration or additions, and changes of occupancy of previously occupied non-permanent industrialized buildings. The revision is made to conform to the requirements of the existing rules for the IHB program.

Section 70.101(k)(4) amends §102.6 of the ICC Electrical Code to clarify that adopted amendments are part of the Electrical Code.

Section 70.101(k)(5) amends §1201.1.1 of the ICC Electrical Code to delete reference to the IRC. State law and revisions in §70.101(h) require electrical systems to comply with NFPA 70.

Section 70.101(k)(6) amends the referenced standards in chapter 13 of the ICC Electrical Code to assure compliance with the adoption of the 2008 NEC in §70.100 and the adoption of the IEBC in §70.101(d)(4) of the IHB rules and to conform to existing rules for the IHB program.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no change in costs or revenue to the State or Department from implementing and enforcing the rules. There will be no fiscal implications to local government.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be that industrialized houses and buildings will be built to comply with more up-to-date building codes, which will further the protection of public health and safety. Additionally, some other states have adopted these more recent codes, so IHB manufacturers who do business in these other states will benefit from having the codes for the Texas IHB program consistent with codes adopted in other states.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, there will be some economic costs to persons required to comply with the amended rules as a result of the adoption of the 2008 edition of the National Electrical Code (NEC). In particular, IHB manufacturers will have some increased costs in complying with certain requirements of the 2008 NEC. The 2008 NEC requires all receptacles to be tamper resistant and requires arc fault circuit interrupters in additional areas. For industrialized houses, the Department estimates that in the first year the new code is effective the increased cost to comply with these requirements will be approximately $150 to $250 per house, depending on the square footage. In subsequent years, the Department anticipates that the increased cost will decline as manufacturers adjust their manufacturing processes to the new code requirements. The estimated additional cost will then decrease to $50 to $100 per house, depending on square footage. For commercial buildings, the Department estimates that there will be no significant increased costs to manufacturers to comply with the 2008 NEC. None of the other rule changes are expected to impose any significant costs on IHB manufacturers or builders or any other person required to comply with the rules. Mr. Kuntz has determined that there will not be any adverse economic effect on small and micro-businesses as a result of the proposed amendments. To the Department's knowledge, none of the manufacturers registered under the IHB program are small or micro-businesses. Therefore, it is not necessary to prepare an economic impact statement or regulatory flexibility analysis.

Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, Chapter 51, which authorizes the Department to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department, and Texas Occupations Code, Chapter 1202. In particular, §1202.101(a) directs the Commission to adopt rules as necessary to ensure compliance with the purposes of Chapter 1202 and provide for uniform enforcement of Chapter 1202. Section 1202.152 authorizes adoption of amended codes if the Industrialized Building Code Council determines that use of the amended code is in the public interest and consistent with the purposes of Chapter 1202.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51 and 1202. No other statutes, articles, or codes are affected by the proposal.

§70.100.Mandatory Building Codes.

(a) Effective October 31, 2008 [~~July 1, 2004~~ ] all industrialized housing and buildings, modules, and modular components, shall be constructed in accordance with the following codes as amended by §70.101:

(1) National Fire Protection Association--National Electrical Code, 2008 Edition [~~2002 Edition, including appendices~~];

(2) the [~~The~~] International Building Code, 2006 [~~2003~~] edition, including appendices C, F, and K [~~and F~~ ], published by the International Code Council;

(3) the International Fuel Gas Code, 2006 [~~2003~~ ] edition, published by the International Code Council;

(4) the International Plumbing Code, 2006 [~~2003~~ ] edition, including appendices C, E, F, and G, published by the International Code Council;

(5) the International Mechanical Code, 2006 [~~2003~~ ] edition, published by the International Code Council; and

(6) the International Residential Code, 2006 [~~2003~~ ] edition, including appendix K, published by the International Code Council.

(b) Other codes referenced in any of the mandatory building codes adopted in subsection (a) [~~of this section~~] shall be considered part of the requirements of these codes to the prescribed extent of each such reference.

Figure: 16 TAC §70.100(c)

§70.101.Amendments to Mandatory Building Codes.

(a) The council shall consider and review all amendments to these codes which are approved and recommended by ICC, and if they are determined to be in the public interest, the amendments shall be effective 180 days following the date of the council's determination or at a later date as set by the council.

(b) Any amendment proposed by a local building official, and determined by the council following a public hearing to be essential to the health and safety of the public on a statewide basis, shall become effective 180 days following the date of the council's determination or at such a later date as set by the council.

(1) Add to Article 310.1 the following statement: "Aluminum and copper-clad aluminum shall not be used for branch circuits in buildings classified as a residential occupancy; aluminum and copper-clad aluminum conductors, of size number 4 AWG or larger, may be used in branch circuits in buildings classified as occupancies other than residential."

(2) Add to Article 110.14 the following statement: "Aluminum and copper-clad aluminum conductors shall be terminated using approved compression-type crimp lugs with approved inhibitors."

(d) The International Building Code shall be amended as follows.

(1) Amend "Section 101.1 Title" to read as follows: [ ~~Revise §101.1 to read~~ ] "These regulations shall be known as the Building Code of the Texas Industrialized Housing and Buildings program, hereinafter referred to as 'this code.'"

(2) Amend "Section 101.3 Intent" to add the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(3) Amend "Section 101.4 Referenced codes" to read as follows. "The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendment as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted."

(4) Add "Section 101.4.8 Alterations" to read as follows: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations or additions, and changes of occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(5) Amend "Section 104.1 General" to add the following: "The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings."

(6) Amend "Section 102.6 Existing Structures" to add the following: "Existing industrialized buildings that bear an approved certification decal or insignia in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified, shall be considered to be in compliance with the current mandatory building code adopted by the Texas Industrialized Building Code Council."

(7) Amend "Section 110.1 Use and occupancy" by revising the first sentence to read as follows: "No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof, shall be made until the local building official has issued a certificate of occupancy in accordance with the locally adopted rules and regulations."

(8) Amend "Section 110.2 Certificate issued" as follows.

(A) Amend the first paragraph to read as follows: "The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations."

(B) Delete item numbers 1 through 12.

(9) Amend "Section 110.3 Temporary occupancy" to read as follows: "The local building official shall issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations."

(10) Amend "Section 110.4 Revocation" to read as follows: "The local building official may suspend or revoke a certificate of occupancy or completion issued under the provisions of this code in accordance with locally adopted rules and regulations."

(11) Amend "Section 311.3 Low-hazard storage, Group S-2" to add equipment shelters as an example of the type of building that falls under this occupancy group.

(12) [~~(2)~~] Delete Sections 1102 through 1110 and amend "Section 1101.2 Design" to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS). Wherever reference elsewhere in this code is made to ICC A117.1, ICC/ANSI A117.1, or ANSI A117.1, the TAS shall be substituted [~~Chapter 11 and replace with the Texas Accessibility Standards (TAS) of Texas Government Code, Chapter 469, Elimination of Architectural Barriers, dated April 1, 1994~~ ]. Buildings subject to the requirements of the Texas Accessibility Standards are described in Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 68." [~~, §68.21.~~]

(13) Amend "Chapter 35, Referenced Standards" as follows.

(A) Delete ICC/ANSI A117.1-03, Accessible and Usable Buildings and Facilities.

(B) Add TDLR, P.O. Box 12157, Austin, TX 78711 as a promulgating agency and add TAS, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68, as the referenced standard, referenced in code sections 406.2.2, 907.9.1.4, 1007.6.5, 1010.1, 1010.6.5, 1010.9, 1011.3, 1101.2, 3001.3, 3409.6, 3409.8.2, and 3409.8.3.

(D) Add ICC Standard IEBC-06, International Existing Building Code, referenced in code section 101.4.8.

~~[(3) Revise Chapter 35, Referenced Standards, as follows.]~~

~~[(A) Delete ICC/ANSI A117.1-98, Accessible and Usable Buildings and Facilities.]~~

~~[(B) Add Texas Accessibility Standards (TAS) dated April 1, 1994.]~~

~~[(4) Wherever reference elsewhere in the code is made to ICC/ANSI A177.1, the Texas Accessibility Standards (TAS) shall be substituted.]~~

[(5) Revise §101.2, Exception 2, to read "Existing buildings that are undergoing repair, alterations or additions and change of occupancy shall comply with the International Existing Building Code."]

(e) The International Fuel Gas Code shall be amended as follows. [Section 101.1 of the International Fuel Gas Code shall read as follows: "These regulations shall be known as the Fuel Gas Code of the Texas Industrialized Housing and Buildings program, hereinafter referred to as 'this code.'"]

(1) Amend "Section 101.1 Title" to read as follows: "These regulations shall be known as the Fuel Gas Code of the Texas Industrialized Housing and Building program, hereinafter referred to as 'this code.'"

(2) Amend "Section 101.4 Intent" to add the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(3) Amend "Section 102.7 Moved buildings" to read as follows: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations or additions, and changes of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(4) Amend "Section 102.8 Referenced codes and standards" to add the following. "Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well."

(5) Amend "Chapter 8 Referenced Standards" to add code section 102.7 as a code referenced section for ICC Standard IEBC-06, International Existing Building Code.

(f) The International Plumbing Code shall be amended as follows. [Section 101.1 of the International Plumbing Code shall read as follows: "These regulations shall be known as the Plumbing Code of the Texas Industrialized Housing and Buildings program, hereinafter referred to as 'this code.'"]

(1) Amend "Section 101.1 Title" to read as follows: "These regulations shall be known as the Plumbing Code of the Texas Industrialized Housing and Buildings program, hereinafter referred to as 'this code.'"

(4) Amend "Section 102.8 Referenced codes and standards" to add the following: "Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well."

(5) Amend "Chapter 13, Referenced Standards" as follows.

(A) Delete NFPA Standard 70-05 and replace with NFPA Standard 70-08.

(B) Add code section 102.7 as a code referenced section for ICC Standard IEBC-06, International Existing Building Code.

(g) The International Mechanical Code shall be amended as follows. [Section 101.1 of the International Mechanical Code shall read as follows: "These regulations shall be known as the Mechanical Code of the Texas Industrialized Housing and Buildings program, hereinafter referred to as 'this code.'"]

(1) Amend "Section 101.1 Title" to read as follows: "These regulations shall be known as the Mechanical Code of Texas Industrialized Housing and Buildings program, hereinafter referred to as 'this code.'"

(5) Amend "Chapter 15 Referenced Standards" to add code section 102.7 as a code referenced section for ICC Standard IEBC-06 International Existing Building Code.

(h) The International Residential Code shall be amended as follows. [Section R101.1 of the International Residential Code shall read as follows: "These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the Texas Industrialized Housing and Buildings program, and shall be cited as such and will be referred to herein as 'this code.'"]

(1) Amend "Section R101.1 Title" to read as follows: "These provisions shall be knows as the Residential Code for One- and Two-family Dwellings of the Texas Industrialized Housing and Buildings Program and shall be cited as such and will be referred to herein as 'this code.'"

(2) Add "Section R101.4 Referenced codes - Electrical" to read as follows: "The provisions of the National Electrical Code, NFPA 70, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto."

(3) Amend "Section R202 Definitions" by adding the following definition: "GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and includes the sash, curbing or other framing elements that enclose conditioned space. In walls bounding conditioned basements, the glazing area includes the area of all glazed fenestration assemblies. For doors where the daylight opening area is less than 50 percent of the door area, the glazing area is the daylight opening area. For all other doors, the glazing area is the rough opening area for the door including the door and the frame."

(4) Amend "Section R202 Definitions" by amending the definition of "Townhouse" as follows: "TOWNHOUSE. A single-family dwelling unit constructed in a group of attached units separated by property lines in which each unit extends from foundation to roof and with open space on at least two sides."

(5) Amend "Section R301.2 Climatic and geographic design criteria" to add the following: "If no criteria has been established, or if there is no local jurisdiction to set the criteria, then the criteria shall be in accordance with the requirements set in the footnotes of Table R301.2(1)."

(6) Amend "Section R303.8 Required heating" to read as follows: "Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68°F (20°C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design temperature. The installation of one or more portable space heaters shall not be used to achieve compliance with this section."

(7) Amend "Section R317.1 Two-family dwellings" by adding exception number 3 to read as follows: "3. Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses."

(8) Amend "Section N1101.2.1 Warm humid counties" to read as follows: "Warm humid counties for Texas are listed in Table N1101.2.2 and are listed in Table N1101.2.1 for other locations."

(9) Add "Section N1101.2.2 Compliance software tools" to read as follows: "Software tools to demonstrate energy code compliance may be used if deemed acceptable by the code official or other authority having jurisdiction. The PNNL software program RESCheck may be used to demonstrate energy code compliance provided the code checked to is the 2003 IECC. The International Code Compliance Calculator (ICCC) from the Texas Energy System Laboratory may be used to demonstrate energy code compliance."

(10) Amend "Figure N1101.2 Climate Zones" by replacing the map of Texas with the map of Texas as shown in Exhibit 1.

Figure: 16 TAC §70.101(h)(10)

(11) Delete climate zones for Texas from "Table N1101.2 Climate Zones by States and Counties" and add "Climate Zones and Sub Climate Zones for Texas" to Table N1101.2 as shown in Exhibit 2.

Figure: 16 TAC §70.101(h)(11)

(12) Delete the Texas Counties from "Table N1101.2.1 Warm Humid Counties." Add "Table N1101.2.2 Warm Humid Counties for Texas" as shown in Exhibit 3.

Figure: 16 TAC §70.101(h)(12)

(13) Amend "Section N1101.7 Above code programs" to read as follows: "A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of Texas Health and Safety Code, Chapter 388 may be considered in compliance if deemed acceptable by the code official or other authority having jurisdiction."

(14) Amend "Section N1102.1 Insulation and fenestration criteria" by adding the following: "When compliance using Table 1102.1 is demonstrated with a ceiling R-value of R30 or less, no more than 33% of the total projected ceiling area may be of cathedral type construction (ceiling joist/roof rafter assembly) and the required insulation R-value may be reduced to a minimum of R22 insulation when the remaining ceiling area insulation is increased to R38."

(15) Replace "Table N1102.1 Insulation and Fenestration Requirements by Component" with new "Table N1102.1 Insulation and Fenestration Requirements by Component (Texas)" as shown in Exhibit 4.

Figure: 16 TAC §70.101(h)(15)

(16) Replace "Table N1102.1.2 Equivalent U-Factors" with new "Table N1102.1.2 Equivalent U-Factors (Texas") as shown in Exhibit 5.

Figure: 16 TAC §70.101(h)(16)

(17) Amend "Section N1102.3.2 Glazed fenestration SHGC" by adding the following: "The maximum area-weighted average SHGC shall not exceed 0.40 in sub-climate zones 2.1, 2.2, 3.1, 3.2, and 3.3."

(18) Amend "Section N1102.3.3 Glazed fenestration exemption" to read as follows: "Up to 1 percent of glazed fenestration per dwelling unit shall be permitted to be exempt from U-factor and solar heat gain coefficient (SHGC) requirements in Section N1102.1."

(19) Amend "Section N1102.3.5 Thermally isolated sunroom U-factor" by deleting the first sentence.

(20) Amend "Section N1102.3.6 Replacement fenestration" by adding the following 2 exceptions.

(A) "1. Replacement fenestration units may comply with the original construction documents."

(B) "2. The area weighted average SHGC shall not exceed 0.40 in sub-climate zones 2.1, 2.2, 3.1, 3.2, and 3.3."

(21) Add "Section N1102.3.7 Prescriptive path for additions" to read as follows: "As an alternative for demonstrating compliance, additions with a conditioned floor area less than 500 square feet (46.5 m2) to existing single-family residential buildings and structures shall meet the prescriptive envelope component criteria in Table 1102.3.7 for the sub climate zone applicable to the location. The U -factor of each individual fenestration product (windows, doors and skylights) shall be used to calculate an area-weighted average fenestration product U-factor for the addition, which shall not exceed the applicable listed values in Table 1102.3.7. For additions, other than sunroom additions, the total area of fenestration products shall not exceed 40 percent of the gross wall and roof area of the addition. The R -values for opaque thermal envelope components shall be equal to or greater than the applicable listed values in Table 1102.3.7.

(A) Conditioned sunroom additions shall maintain thermal isolation and shall not be used as kitchens or sleeping rooms.

(B) In sub climate zones 2.1, 2.2, 3.1, 3.2 and 3.3, the area weighted average solar heat gain coefficient of all glazed fenestration products used in additions in accordance with this section shall not exceed 0.40."

(22) Add "Table N1102.3.7 Prescriptive Envelope Component Criteria, Additions to and Replacement Windows for Existing Detached One- and Two-family Dwellings" as shown in Exhibit 6.

Figure: 16 TAC §70.101(h)(22)

(23) Delete "Part VIII-Electrical, Chapters 33 through 42."

(24) Amend "Chapter 43 Referenced Standards" as follows.

(A) Delete all references to NFPA Standard 70-05, including the section numbers referenced in the code.

(B) Add NFPA Standard 70-08, National Electrical Code, referenced in code section R101.4 as the referenced standard.

(C) Add PNNL/DOE, Pacific Northwest National Laboratory/Department of Energy, http://www.energycodes.gov/ as a promulgating agency and add REScheck Version 4.1.1 or later, Residential Energy Compliance Software, as the referenced standard, referenced in code section N1101.2.2.

(D) Add Texas Energy System Laboratory, Energy Systems Laboratory, Room #214, Wisenbaker Engineering Research Center, Bizzell Street, 3581 TAMU, Texas A&M University, College Station, Texas 77843-3581 as a promulgating agency and add ICCC, v2.0.8.1 or later, International Code Compliance Calculator, as the referenced standard, referenced in code section number N1101.2.2.

(i) The International Existing Building Code shall be amended as follows.

(1) Amend "Section 101.1 Title" to read as follows: "These regulations shall be known as the Existing Building Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(2) Add new "Section 101.9 Texas Accessibility Standards (TAS)" to read as follows: "Wherever reference elsewhere in this code is made to ICC A117.1, ICC/ANSI A117.1, or ANSI A117.1, the Texas Accessibility Standards (TAS) shall be substituted. Wherever reference in this code is made to chapter 11, or portions of chapter 11, of the International Building Code, the TAS shall be substituted.

(3) Amend "Section 101.4.1 Buildings not previously occupied" to read as follows: "A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the International Building Code or International Residential Code, as applicable, as adopted by the Texas Industrialized Building Code Council at the time of construction of the building."

(4) Delete "Chapter 11, Historic Buildings."

(5) Amend "Section 1301.2 Applicability" to read as follows: "Structures existing prior to October 31, 2008, in which there is work involving additions, alterations, or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 12. The provisions of Sections 1301.2.1 through 1301.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to buildings with occupancies in Group H or Group I."

(6) Amend "Chapter 15 Referenced Standards" as follows.

(A) Delete ICC/ANSI A117.1-03, Accessible and Usable Buildings and Facilities.

(B) Add TDLR, P.O. Box 12157, Austin, TX 78711 as a promulgating agency and add TAS, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68, as the referenced standard, referenced in code sections 101.9, 308.6, 308.8.2, 308.8.3, 605.1, 605.1.2, and 605.1.3.

[(1) Section 101.1 shall read as follows: "These regulations shall be known as the Existing Building Code of the Texas Industrialized Housing and Buildings program, hereinafter referred to as 'this code.'"]

~~[(2) Revise Chapter 14, Referenced Standards, as follows:]~~

~~[(A) Delete ICC/ANSI A117.1-98, Guidelines for Accessible and Usable Buildings and Facilities.]~~

~~[(B) Add Texas Accessibility Standards (TAS) dated April 1, 1994.]~~

~~[(3) Wherever reference elsewhere in the code is made to ICC/ANSI A117.1, the Texas Accessibility Standards (TAS) shall be substituted.]~~

~~[(4) Wherever reference elsewhere in the code is made to chapter 11, or portions of chapter 11, of the International Building Code , the Texas Accessibility Standards (TAS) shall be substituted.]~~

~~[(5) Delete Chapter 10, Historic Buildings.]~~

[(6) Section 1201.2 shall read as follows: "Structures existing prior to July 1, 2004 in which there is work involving additions, alterations, or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 9."]

(j) The International Energy Conservation Code shall be amended as follows.

(1) Amend "Section 101.1 Title" to read as follows: "This code shall be known as the International Energy Conservation Code of the Texas Industrialized Housing and Buildings Program, and shall be cited as such. It is referred to herein as 'this code.'"

(2) Delete "Section 103.1.1 Above code programs" and replace with "Section 103.1.1 Alternative Compliance" to read as follows: "A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of Texas Health and Safety Code, Chapter 388 may be considered in compliance if deemed acceptable by the code official or other authority having jurisdiction."

(3) Amend "Section 202 General Definitions" by adding the following definition: "GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and includes the sash, curbing or other framing elements that enclose conditioned space. In walls bounding conditioned basements, the glazing area includes the area of all glazed fenestration assemblies. For doors where the daylight opening area is less that 50 percent of the door area, the glazing area is the daylight opening area. For all other doors, the glazing area is the rough opening area for the door including the door and the frame."

(4) Amend "Section 301.1 General" to read as follows: "Climate zones from Figure 301.1 or Table 301.1 shall be used in determining the applicable requirements from Chapter 5. Climate zones from Figure 301.2, Table 301.1(1), or Table 301.2(1) shall be used in determining the applicable requirements from Chapter 4. Locations not in Table 301.1 (outside the US) or in Table 301.1(1) shall be assigned a climate zone based on Section 301.3."

(5) Amend the code by inserting "Figure 301.2 Texas Residential Climate Zones" immediately following Figure 301.1. Figure 301.2 is shown in Exhibit 1.

(6) Amend "Table 301.1 Climate Zones by State, County, and Territories" by adding "Commercial Zones Only" next to the heading for Texas and adding the Zone 2 moist counties to the table as shown in Exhibit 7.

Figure: 16 TAC §70.101(j)(6)

(7) Add "Table 301.1(1) Residential Climate Zones and Sub-Climate Zones for Texas" as shown in Exhibit 8.

Figure: 16 TAC §70.101(j)(7)

(8) Amend "Table 301.2 Warm Humid Counties and Territories" by adding "Commercial Buildings Only" next to the heading for Texas and by adding the zone 2 counties as shown in Exhibit 9.

Figure: 16 TAC §70.101(j)(8)

(9) Add "Table 301.2(1) Warm Humid Counties for Texas - Residential" as shown in Exhibit 10.

Figure: 16 TAC §70.101(j)(9)

(10) Add "Section 401.2.1 Compliance software tools" to read as follows: "Software tools to demonstrate energy code compliance may be used if deemed acceptable by the code official or other authority having jurisdiction. The software program REScheck may be used to demonstrate energy code compliance provided the code checked to is the 2003 IECC. The International Code Compliance Calculator (ICCC) from the Texas Energy System Laboratory may be used to demonstrate energy code compliance."

(11) Amend "Section 402.1.1 Insulation and fenestration criteria" by adding the following: "When compliance using Table 402.1.1 is demonstrated with a ceiling R -value of R30 or less, no more than 33% of the total projected ceiling area may be of cathedral type construction (ceiling joist/roof rafter assembly) and the required insulation R -value may be reduced to a minimum of R22 insulation when the remaining ceiling area insulation is increased to R38."

(12) Replace "Table 402.1.1 Insulation and Fenestration Requirements by Component" with new "Table 402.1.1 Insulation and Fenestration Requirements by Component (Texas)" as shown in Exhibit 4.

(13) Replace "Table 402.1.3 Equivalent U-Factors" with new "Table 402.1.3 Equivalent U-Factors (Texas)" as shown in Exhibit 5.

(14) Amend "Section 402.3.2 Glazed fenestration SHGC" by adding the following: "The area-weighted average SHGC of all glazed fenestration products in the building shall not exceed 0.40 in climate zones 2.1, 2.2, 3.1, 3.2, and 3.3."

(15) Amend "Section 402.3.3 Glazed fenestration exemption" to read as follows: "Up to 1 percent of glazed fenestration per dwelling unit shall be permitted to be exempt from U-factor and SHGC requirements in Section 402.1.1."

(16) Amend "Section 402.3.5 Thermally isolated sunroom U-factor" by deleting the first sentence.

(17) Amend "Section 402.3.6 Replacement fenestration" by adding the following 2 exceptions.

(A) "1. Replacement fenestration units may comply with the original construction documents."

(B) "2. The area weighted average SHGC shall not exceed 0.40 in sub climate zones 2.1, 2.2, 3.1, 3.2, and 3.3."

(18) Add "Section 402.3.7 Prescriptive path for additions" to read as follows. "As an alternative for demonstrating compliance, additions with a conditioned floor area less than 500 square feet (46.5 m2) to existing single-family residential buildings and structures shall meet the prescriptive envelope component criteria in Table 402.3.7 for the sub climate zone applicable to the location. The U-factor of each individual fenestration product (windows, doors and skylights) shall be used to calculate an area-weighted average fenestration product U-factor for the addition, which shall not exceed the applicable listed values in Table 402.3.7. For additions, other than sunroom additions, the total area of fenestration products shall not exceed 40 percent of the gross wall and roof area of the addition. The R-values for opaque thermal envelope components shall be equal to or greater than the applicable listed values in Table 402.3.7.

(A) Conditioned sunroom additions shall maintain thermal isolation and shall not be used as kitchens or sleeping rooms.

(19) Add "Table 402.3.7 Prescriptive Envelope Component Criteria Additions to and Replacement Windows for Existing Detached One- and Two-Family Dwellings" as shown in Exhibit 6.

(20) Add "Section 501.3 Compliance software tools" to read as follows. "Software tools used to demonstrate energy code compliance that are deemed acceptable by the code official may only utilize the energy chapter of the 2006 International Energy Conservation Code or the 2004 Edition of AHSRAE 90.1 Energy Standard for Buildings Except Low-rise Residential Buildings when code edition and/or standard selection is available. The PNNL software program COMcheck may be used to demonstrate energy code compliance."

(21) Amend "Chapter 6 Referenced Standards" as follows.

(A) Add PNNL/DOE, Pacific Northwest National Laboratory/Department of Energy, http://www.energycodes.gov/ as a promulgating agency and add the following as referenced standards.

(i) REScheck Version 4.1.1 or later, Residential Energy Compliance Software, referenced in code section N1101.2.2.

(ii) COMcheck, Version 3.5.1 or later, Commercial Energy Compliance Software, referenced in code section 501.3.

(B) Add Texas Energy System Laboratory, Energy Systems Laboratory, Room #214, Wisenbaker Engineering Research Center, Bizzell Street, 3581 TAMU, Texas A&M University, College Station, Texas 77843-3581 as a promulgating agency and add ICCC, v2.0.8.1 or later, International Code Compliance Calculator, referenced in code section number N1101.2.2 as the referenced standard.

(k) The ICC Electrical Code shall be amended as follows.

(1) Amend "Section 101.1 Title" to read as follows: "These regulations shall be known as the Electrical Code-Administrative Provisions of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(3) Amend "Section 102.1.5 Moved buildings" to read as follows: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations or additions, and changes of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(4) Amend "Section 102.6 Referenced codes and standards" by adding the following: "Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendment as well."

(5) Amend "Section 1201.1.1Adoption" to read as follows: "Electrical systems and equipment shall be designed and constructed in accordance with the NFPA 70 except as otherwise provided in this code."

(6) Revise "Chapter 13 Referenced standards" to read as follows.

(A) Add ICC standard IEBC-06, International Existing Building Code, referenced in code section 102.1.5.

(B) Delete NFPA Standard 70-05 and replace with NFPA Standard 70-08.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 7, 2008.

TRD-200801838

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Earliest possible date of adoption: May 18, 2008

For further information, please call: (512) 463-7348

Chapter 82. BARBERS

16 TAC §82.72

The Texas Department of Licensing and Regulation ("Department") proposes amendments to an existing rule at 16 Texas Administrative Code ("TAC") Chapter 82, §82.72, regarding the responsibilities of barber schools.

The Department proposed amendments to 16 TAC §82.72 in the April 14, 2006, issue of the Texas Register (31 TexReg 3144), with no changes to subsection (g) regarding the responsibility of a barber school to furnish or ensure that each student is equipped with his or her own personal tools. However, due to an error in the agency's document submission of §82.72, the text for paragraphs (1) - (14) of subsection (g) was inadvertently omitted.

Section 82.72 was published and adopted in the July 28, 2006, issue of the Texas Register (31 TexReg 5947), with incomplete text of the rule in that it did not include paragraphs (1) - (14) of subsection (g), which is the list of specific tools that each student is to be furnished. This rule proposal will correct the error.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed amendments are in effect there will be no change in costs or revenue to the State or Department for implementing and enforcing the rule. There will be no fiscal implications to local government.

Mr. Kuntz also has determined that for each year of the first five-year period the amendments are in effect, the public benefit will be correct text of rules that clearly state the responsibilities of barber schools relative to the tools that barber schools must furnish or ensure that each student is equipped with.

There is no anticipated economic effect on small or micro-businesses or to persons who are required to comply with the rule as proposed. The agency has also determined that the proposed rule will have no adverse economic effect on small businesses, and therefore preparation of an economic impact statement and a regulatory flexibility analysis is not required.

Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, or facsimile (512) 475-3032, or electronically: erule.comments@license.state.tx.us. The deadline for comments is 30 days after publication in the Texas Register.

The amendments are proposed under Texas Occupations Code, Chapters 51, 1601, and 1603 which authorizes the Department to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the proposal are those set forth in Texas Occupations Code, Chapters 51, 1601, and 1603. No other statutes, articles, or codes are affected by the proposal.

§82.72.Responsibilities of Barber Schools.

(a) - (f) (No change.)

(g) Within 30 days of enrollment, a barber school shall furnish to or ensure that each student is equipped with his or her own personal tools which must include the following:

(1) one professional electric clipper of modern design;

(2) one neck duster;

(3) one barber shears;

(4) one thinning shears;

(5) one razor equipped with disposable blades;

(6) three barber combs;

(7) one styptic powder or liquid styptic;

(8) one tool kit (carrying kit);

(9) one hair styling brush;

(10) one neck clip;

(11) one can clipper oil;

(12) two washable uniforms;

(13) one hand held hair dryer; and

(14) one T-edger or outliner.

(h) - (aa) (No change.)