Adopted 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 Commission of Licensing and Regulation ("Commission") adopts amendments to existing rules at 16 Texas Administrative Code ("TAC"), Chapter 70, §70.100 and §70.101 to adopt more recent editions of the mandatory building codes in the Industrialized Housing and Buildings ("IHB") program and to make necessary amendments to the codes. The amendments are adopted without changes to the proposed text as published in the April 18, 2008, issue of the Texas Register (33 TexReg 3097) and will not be republished.

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. The amended rules adopt the 2006 editions of the codes promulgated by the International Code Council (ICC) and the 2008 edition of the National Electrical Code. The code adoptions take effect October 31, 2008. 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. The Council made such a determination and voted to adopt these later code editions at its meeting on April 16, 2008. The Commission's adoption of the rule changes implements the Council's action.

Some of the amendments to the codes are administrative in nature, such as referencing the IHB program and the IHB statute and rules in the codes. A number of substantive amendments to the codes are required because Texas Health and Safety Code, Chapter 388 requires that subsequent editions of energy codes be at least as stringent as the 2001 editions of those codes. The Energy Systems Laboratory (part of the Texas A&M University System) has determined that in some respects the later code editions are not as stringent as the 2001 editions; therefore, a number of amendments are necessary to conform the later code editions to the 2001 editions. Amendments are also necessary to reference the Texas Accessibility Standards and to conform certain code provisions to the 2008 National Electrical Code.

The amended rules adopt the 2008 National Electrical 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).

Section 70.100(c) is amended to update the effective dates of adoption of past code editions. The amendment is adopted 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. 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 the 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 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 IFGC 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 the 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 the 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 section 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, Chapters 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 section 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.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the Texas Register on April 18, 2008. The comment period closed on May 19, 2008. No public comments were received in response to the proposed rules.

The amendments are adopted under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department's governing body, to adopt rules as necessary to implement the chapter and any other law establishing a program regulated by the Department. The amendments also are adopted under Texas Occupations Code, Chapter 1202, which 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 further 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 adoption are those set forth in Texas Occupations Code, Chapters 51 and 1202. No other statutes, articles, or codes are affected by the adoption.

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 June 11, 2008.

TRD-200803044

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Effective date: July 1, 2008

Proposal publication date: April 18, 2008

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

CHAPTER 82. BARBERS

16 TAC §82.72

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to an existing rule at 16 Texas Administrative Code (TAC), Chapter 82, §82.72, regarding the responsibilities of barber schools, without changes to the proposed text as published in the April 18, 2008, issue of the Texas Register (33 TexReg 3106) and will not be republished.

The amendment will restore text to the rule that was inadvertently omitted in a prior rulemaking adoption. The Commission adopted amendments to 16 TAC §82.72, effective August 1, 2006, with no changes to subsection (g) regarding the responsibility of a barber school to 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 to the Texas Register, the text for paragraphs (1) - (14) of subsection (g) was inadvertently omitted. This text is a list of specific tools that the school is to provide to a barber student. This rule adoption will correct the error.

The Texas Department of Licensing and Regulation (Department) drafted and distributed the proposed rule to persons internal and external to the agency. The proposed amendment was published in the Texas Register on April 18, 2008. The comment period closed on May 19, 2008. One public comment was received in response to the proposed rule.

The comment suggests replacing the proposed language of "one neck duster" with "three re-usable neck dusters made of plastic." The commenter believes that this language will better facilitate cleaning and disinfecting of the neck dusters. Specifying that a neck duster must be made of plastic would allow the duster to be soaked in a disinfectant solution, and requiring three neck dusters would allow the student to use one duster while others are drying. The Department disagrees with the comment and believes that the current requirement of one neck duster is a sufficient requirement for a student kit. A neck duster, even if not made of plastic, could be sprayed with disinfectant between clients and generally could be immersed in a disinfectant solution for the minimum time necessary for disinfection. While it might be advisable for students to have more than one neck duster, the Department does not believe that the volume of customers typically seen by students would necessitate a requirement of three neck dusters.

The amendments are adopted under Texas Occupations Code, Chapters 51, 1601, and 1603 which authorizes the Commission, the Department's governing body, 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 adoption are those set forth in Texas Occupations Code, Chapters 51, 1601, and 1603. No other statutes, articles, or codes are affected by the adoption.