TITLE 28.INSURANCE

Part 1. TEXAS DEPARTMENT OF INSURANCE

Chapter 5. PROPERTY AND CASUALTY INSURANCE

Subchapter E. TEXAS WINDSTORM INSURANCE ASSOCIATION

1. PLAN OF OPERATION

28 TAC §5.4008

The Commissioner of Insurance adopts amendments to §5.4008, concerning building code specifications in the plan of operation of the Texas Windstorm Insurance Association (Association or TWIA). The amendments to §5.4008 are adopted without changes to the text published in the April 21, 2000 issue of the Texas Register (25 TexReg 3411) and will not be republished.

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. The Association's plan of operation specifies in §5.4008 the applicable building code standards to qualify for coverage from the Association 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). The amended section adopts by reference amendments to the Building Code for Windstorm Resistant Construction. The adopted amendments are necessary to make editorial and clarifying changes that make the code more user-friendly and easier to use. The adopted amendments are a result of recommendations by the Building Code Advisory Committee on Specifications and Maintenance to expand the available use of the code in the designated catastrophe areas. Article 21.49, §6C, Insurance Code requires the Commissioner to appoint a Building Code Advisory Committee on Specifications and Maintenance (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. The advisory committee met on February 3, 2000 to consider the proposed recommendations presented by the department staff and voted to recommend certain building code changes to the Commissioner for his consideration. The advisory committee's recommended changes were submitted to the Commissioner and those recommendations were considered at a public hearing on May 11, 2000, Docket No. 2446, where they were adopted by the Commissioner.

Amended §5.4008 adopts by reference the following amendments to the code:

A. Section 100, General Requirements: Editorial changes are made in this section to remove the reference to the wind load provisions of ASCE 7-95. The prescriptive requirements within the Code and the wind pressures specified in this section are based on ASCE 7-93. The reference to ASCE 7-95 promotes confusion.

B. Section 200, Basic Definitions, Assumptions, and Limitations of the Prescriptive Code.

1. 207, Limitations on the Prescriptive Code. Information presented in the building limitations tables is to be expanded so that the tables are easier to use. A clarification is provided to indicate that the span and spacing limitations for floor systems apply to all types of floor framing members.

C. Section 300, Prescriptive Requirements, Area Inland of the Dividing Line.

1. 301, Foundations. A clarification provides guidance for anchor bolt embedment along a raised curb. Tables have been added to provide shear and uplift capacities for alternative anchors to be determined based on the uplift and shear load of the default inch diameter anchor bolt. For the selection of alternative anchors, tables are included to tabulate the appropriate uplift load to use depending on the building type and wall height. A clarification is provided in the text, in the fastening schedule and in an illustration to indicate the proper placement of fasteners for attaching a ledger strip to a beam where the ledger strip provides support for floor joists in the construction of a piling or pier and beam foundation. For pier and beam construction, a table is added to provide options for beam sizes. Text is included to emphasize that a standard 90-degree hook shall be provided in the footing of the pier as shown in the existing figure in the appendix. A clarification is added to indicate the proper placement of reinforcement in the footings of piers.

2. 303, Wood Stud Wall Framing. A clarification is provided to indicate that the table for uplift loads at gable endwalls applies to one-, two- and three-story structures. An editorial change is provided to clarify that the spacers between the lumber used for headers can be wood structural panels and are not limited to the use of plywood only. A separate header table is added for headers constructed with Southern Pine lumber. A reference to header requirements for interior loadbearing walls is removed. Editorial changes are added to clarify the application of the garage door header tables and to expand options for the selection of glued-laminated beams. A correction is made to framing around garage door openings regarding the uplift capacity of anchor bolts used to transfer uplift loads to the foundation. An editorial change is provided to clarify that only one holddown connector is required at each building corner, unless otherwise specified in the Code. Another editorial change clarifies that standard inch anchor bolts may be used to anchor holddown connectors to the foundation, if the required capacity of the holddown is less than the tensile capacity of the anchor bolt embedded in concrete. A table has also been included to provide capacity values for both the inch and inch anchor bolts for use with holddown connectors. An editorial change is provided to renumber and relocate an illustration relating to shear transfer.

4. 305, Ceiling Framing. A clarification is added regarding the construction of the ceiling diaphragm and gable endwall framing. A figure is revised to clarify that sheathing must be applied to the wall when installing a brick veneer.

5. 306, Roof Framing. A clarification is provided to indicate that the dimensions of the truss shall not exceed the limitations specified in Section 207. Guidance is provided for determining the anchorage of wall studs when roof trusses are used. A table is provided to specify the maximum allowable anchorage for the bearing points of a truss. Additional text is added to clarify the attachment of roof sheathing along the perimeter of the roof and at gable endwalls.

6. 307, Roof Coverings. ASTM standards are added to stipulate the minimum requirements for underlayment. A revision to the fastening requirements for the double layer application of felt is included so that the fastening pattern will be the same as required for attachment of a single layer application. An option is included which provides guidance for the attachment of underlayment for shingles that pass Underwriters Laboratories (UL) Standard 997 and are rated at wind speeds which meet the Code's minimum fastest mile wind speed requirement of 95 mph.

7. 311, Miscellaneous Construction. An editorial change was made to correct a conflict between the text and a table relating to the attachment of the beam to post connection in post frame construction. A clarification is provided for the attachment of purlins to roof framing in post frame construction. Fastener requirements have been added for the attachment of corrugated metal siding or wood structural panel siding in post frame construction. The fastener requirements have been revised for the attachment of a corrugated metal roof to purlins or a solid deck in post frame construction. The supported overhangs and covered porches section is revised to make the section easier to read and to understand. Guidance is provided for the attachment of overhang roof framing members to the main structure and to provide a table for uplift capacities for bolts connecting beams to posts. A clarification is also provided to specify the measurement of posts supporting beams used in overhangs and porches. A clarification is provided to address the construction of ceiling framing in portable and temporary buildings. A new section is added to provide an option for the construction of a detached garage which can not be constructed in accordance with Section 303.

8. 312, Reroofing a Wood Shingle or Shake Roof. A clarification is provided to address the application of wood structural panels over space boards.

9. 313, Additions, Renovations, and Repairs. A new section is added to address the connection of rafters from an addition to the roof framing of an existing structure. A new section is added to address the connection of the wall framing for an addition to an existing structure.

D. Section 400, Prescriptive Requirements, Area Seaward of Established Dividing Line.

1. 401, Foundations. A clarification provides guidance for anchor bolt embedment along a raised curb. Tables have been added to provide shear and uplift capacities for alternative anchors to be determined based on the uplift and shear load of the default inch diameter anchor bolt. For the selection of alternative anchors, tables are included to tabulate the appropriate uplift load to use depending on the building type and wall height. A clarification is provided in the text, in the fastening schedule and in an illustration to indicate the proper placement of fasteners for attaching a ledger strip to a beam where the ledger strip provides support for floor joists in the construction of a piling or pier and beam foundation. For pier and beam construction, a table is added to provide options for beam sizes. Text is included to emphasize that a standard 90-degree hook shall be provided in the footing of the pier as shown in the existing figure in the appendix. A clarification is added to indicate the proper placement of reinforcement in the footings of piers.

2. 402, Floor Framing. An editorial change is provided to correct two values in one of the span tables for floor joists.

3. 403, Wood Stud Wall Framing. A clarification is provided to indicate that the table for uplift loads at gable endwalls applies to one-, two- and three-story structures. An editorial change is provided to clarify that the spacers between the lumber used for headers can be wood structural panels and are not limited to the use of plywood only. A separate header table is added for headers constructed with Southern Pine lumber. A reference to header requirements for interior loadbearing walls is removed. Editorial changes are added to clarify the application of the garage door header tables and to expand options for the selection of glued-laminated beams. A correction is made to framing around garage door openings regarding the uplift capacity of anchor bolts used to transfer uplift loads to the foundation. An editorial change is provided to clarify that only one holddown connector is required at each building corner, unless otherwise specified in the Code. Another editorial change clarifies that standard inch anchor bolts may be used to anchor holddown connectors to the foundation, if the required capacity of the holddown is less than the tensile capacity of the anchor bolt embedded in concrete. A table has also been included to provide capacity values for both the inch and inch anchor bolts for use with holddown connectors. An editorial change is provided to renumber and relocate an illustration relating to shear transfer.

4. 405, Ceiling Framing. A clarification is added regarding the construction of the ceiling diaphragm and gable endwall framing. A figure is revised to clarify that sheathing must be applied to the wall when installing a brick veneer.

5. 406, Roof Framing. A clarification is provided to indicate that the dimensions of the truss shall not exceed the limitations specified in Section 207. Guidance is provided for determining the anchorage of wall studs when roof trusses are used. A table is provided to specify the maximum allowable anchorage for the bearing points of a truss. Additional text is added to clarify the attachment of roof sheathing along the perimeter of the roof and at gable endwalls.

6. 407, Roof Coverings. ASTM standards are added to stipulate the minimum requirements for underlayment. A revision to the fastening requirements for the double layer application of felt is included so that the fastening pattern will be the same as that required for attachment of a single layer application. An option is included which provides guidance for the attachment of underlayment for shingles that pass (UL) Standard 997 and are rated at wind speeds which meet the Code's minimum fastest mile wind speed requirement of 100 mph.

7. 411, Miscellaneous Construction. An editorial change is made to correct a conflict between the text and a table relating to the attachment of the beam to post connection in post frame construction. A clarification is provided for the attachment of purlins to roof framing in post frame construction. Requirements for fasteners are added for the attachment of corrugated metal siding or wood structural panel siding in post frame construction. The fastener requirements have been revised for the attachment of a corrugated metal roof to purlins or a solid deck in post frame construction. The supported overhangs and covered porches section is revised to make the section easier to read and to understand. Guidance is provided for the attachment of overhang roof framing members to the main structure and to provide a table for uplift capacities for bolts connecting beams to posts. A clarification is also provided to specify the measurement of posts supporting beams used in overhangs and porches. A clarification is provided to address the construction of ceiling framing in portable and temporary buildings. A new section is added to provide an option for the construction of a detached garage which can not be constructed in accordance with Section 403.

8. 412, Reroofing a Wood Shingle or Shake Roof. A clarification is provided to address the application of wood structural panels over space boards.

9. 413, Additions, Renovations, and Repairs. A new section is added to address the connection of rafters from an addition to the roof framing of an existing structure. A new section is added to address the connection of the wall framing for an addition to an existing structure.

E. Appendices.

1. Windstorm Offices. Updated telephone numbers and addresses of the Texas Department of Insurance's windstorm field offices are added to this appendix.

2. TDI Standard TDI 1-98. An editorial change has been made to define porosity.

3. Fastening Schedule. An editorial change has been made regarding the fasteners required for securing spaced boards to roof framing and for the attachment of wood structural panels to spaced boards.

Comment: A commenter supports the adoption of changes to §5.4008 incorporating revisions to the coastal building code. The commenter says that proposed changes will make the code more user-friendly and allow for alternative methods of construction.

Agency Response: The department agrees and appreciates the comments.

For: Texas Association of Builders.

The amendments are adopted pursuant to the Insurance Code Article 21.49 and §36.001. Article 21.49, §6A specifies building code requirements and approval or inspection procedures for windstorm and hail insurance through the Association. Article 21.49, §6C requires the Commissioner to appoint a Building Code Advisory Committee on Specifications and Maintenance to advise and make recommendations to the Commissioner on building specifications and maintenance 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) 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. Insurance Code §36.001 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 function 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 June 16, 2000.

TRD-200004213

Lynda Nesenholtz

General Counsel and Chief Clerk

Texas Department of Insurance

Effective date: July 6, 2000

Proposal publication date: April 21, 2000

For further information, please call: (512) 463-6327