16 TAC §§70.20, 70.22, 70.50 ,70.73
The Texas Department of Licensing and Regulation proposes
amendments to §§70.20, 70.22, 70.50, and 70.73 concerning industrialized
housing and buildings.
The changes to §70.20 add the requirement that the industrialized
builder certify, at the time of registration, that the installations performed
under this registration shall be in accordance with the mandatory codes, engineered
plans, and department rules and shall be inspected in accordance with the
site inspection procedures established by the Texas Industrialized Building
Code Council. This certification at time of registration is being substituted
for the certification now required on the builder's monthly reports, which
are being eliminated. The changes to this section also clarify the differences
between registration as an industrialized builder and installation permits.
The changes to §70.22 add the requirement for an accessibility reviewer
to the criteria for approval of design review agencies. This will ensure better
compliance with the accessibility requirements in the plans reviewed and approved
by design review agencies.
The changes to §70.50(a) clarify the reporting requirements of manufacturers.
The changes to §70.50(b) eliminate monthly reports of industrialized
builders, adds the record keeping requirements of industrialized builders,
and provides for yearly audits of the builder's records. This will eliminate
time spent by the department on administrative cases of builders failing to
report or reporting late. The yearly audits will allow the department to assure
that the builders are in compliance with the installation requirements of
the law and rules governing industrialized housing and buildings. Section
70.50(d) was deleted and the requirements of this section integrated into §70.50(a).
The changes to §70.73 clarify that the requirements for building site
inspections are applicable to installation permit holders as well as industrialized
builders. Section 70.73(b) adds the minimum requirements for information that
must be included in a site inspection report prepared by third party inspectors.
This clarifies the record keeping requirements of industrialized builders
as outlined in the changes to §70.50(b).
Jimmy Martin, Director of the Enforcement Division of the Texas Department
of Licensing and Regulation, has determined that for the first five-year period
that these sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
changes.
Mr. Martin also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be clearer implementation of the statute and a higher level
of industrialized housing and building safety, quality, and compliance with
the mandatory state building codes.
The anticipated economic effect of small businesses and persons who are
required to comply with the sections as proposed will be minimal.
The cost of compliance will be minimal.
Comments on the proposal may be submitted to Jimmy Martin, Director of
the Enforcement Division, Texas Department of Licensing and Regulation, PO
Box 12157, Austin, Texas 78711, facsimile (512) 475-2872, or by email: jimmy.martin@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendments are proposed under Texas Revised Civil Statutes,
Article 5221f-1, which authorizes the Commissioner of the Texas Department
of Licensing and Regulation to promulgate and enforce a code of rules and
take all action necessary to assure compliance with the intent and purpose
of the article.
The Article and Code affected by the amendments is Texas Revised Civil
Statutes, Article 5221f-1 and Texas Occupations Code, Chapter 51.
§70.20.Registration of Manufacturers and Industrialized Builders.
Manufacturers and industrialized builders shall not engage in any business
activity relating to the construction or location of industrialized housing
or buildings without being registered with the department.
(1)
An application for registration shall be submitted on a
form supplied by the department, and shall contain such information as may
be required by the department. The application must be verified under oath
by the owner of a sole proprietorship, the managing partner of a partnership,
or the [
chief executive or chief operating
] officer of a corporation.
The application must be accompanied by the fee set forth in §70.70 of
this title (relating to Commission Fees).
(2)
The industrialized builder shall verify
under oath at the time of registration that the foundation and installation
of all units installed under this registration shall be constructed in accordance
with the mandatory state code, the engineered plans, and department rules,
and shall be inspected in accordance with the site inspection procedures established
by the Texas Industrialized Building Code Council.
(3)
[
(2)
] A person who does not purchase
industrialized housing or buildings from a manufacturer for sale or lease
to the public may file for an installation permit in lieu of registering as
an industrialized builder. A person [
who is not registered as an industrialized
builder and
] who buys or leases industrialized housing or buildings
from an industrialized builder and assumes responsibility for the installation
of the unit or units
, but who is not purchasing these units for sale
or lease to the public, may
[
shall
] apply for an installation
permit
in lieu of registering as an industrialized builder
. The
application shall be submitted on a form supplied by the department and shall
contain such information as may be required by the Department. A separate
application must be submitted for each building containing industrialized
housing and buildings modules or modular components. The application must
be accompanied by the fee set forth in §70.80 of this title (relating
to Commission Fees).
(4)
[
(3)
] The registration shall be
valid for 12 months and must be renewed annually. Every corporate entity must
be separately registered. Each separate manufacturing facility must be registered;
a manufacturing facility is separate if it is not on property
that
[
which
] is contiguous to a registered manufacturing facility. An
industrialized builder must register each separate sales office but is not
required to register each job location.
(5)
[
(4)
] A registered manufacturer
or industrialized builder shall notify the department in writing within 10
days if:
(A)
the corporate or firm name is changed;
(B)
the main address of the registrant is changed;
(C)
there is a change in 25% or more of the ownership interest
of the company within a 12-month period;
(D)
the location of any manufacturing facility is changed;
(E)
a new manufacturing facility is established; or
(F)
there are changes in principal officers of the firm.
(6)
[
(5)
] A manufacturer certified pursuant
to §70.61 of this title (relating to Responsibilities of the Department
- Plant Certification), whose registration expires shall have his certification
revoked if the registration is not renewed within 30 day of the expiration
date. A manufacturer whose certification has been revoked must undergo another
certification inspection to reinstate the certification.
(7)
[
(6)
] An application for original
registration or renewal may be rejected if any information contained on, or
submitted with, the application is incorrect. The certificate of registration
may be revoked or suspended or a penalty or fine may be imposed for any violation
of the Act, violation of the rules and regulations in this chapter or administrative
orders of the department, or violations of the instructions and determinations
of the council in accordance with §70.90 of this title (relating to Sanctions
- Administrative Sanctions/Penalties), and §70.91 of this title (relating
to Revocation or Suspension because of a Criminal Conviction).
§70.22.Criteria for Approval of Design Review Agencies.
An agency seeking council approval as a design review agency (DRA)
shall submit a written application to the commissioner. The application will
indicate the agency's name, address, and the telephone number of each office
in which design review services are to be performed. The application will
include the following information:
(1)
An organizational chart indicating the names of the managerial
or technical personnel responsible for design review functions within the
agency. The chart must indicate the area or areas of review for which the
technical personnel are responsible;
(2)
A resume for each person listed in the organizational chart
indicating academic and professional qualifications, experience in related
areas, and specific duties within the agency. The minimum personnel requirements
and qualifications shall be as follows.
(A)
The manager or chief executive officer shall have a minimum
of four years of plans examination, design, construction, or manufacturing
experience in the building industry, or any combination thereof, and registration
as a professional engineer or architect in the State of Texas (NOTE: The applicant's
registration number must be included on the resume).
(B)
Technical staff members may qualify for more than one discipline.
Therefore, the agency need not have an individual staff member for each discipline.
Required certifications need not be from the same code agency for the different
disciplines. For example, a DRA may have a structural reviewer, a mechanical
reviewer, and an electrical reviewer with the required certifications through
ICBO while the plumbing reviewer, building planning reviewer, and fire safety
reviewer have the required certifications through SBCCI. The DRA is not limited
to one code group when filling positions in the different disciplines. The
technical staff shall consist of the following positions.
(i)
The structural reviewer shall have a bachelor's degree
with specialized course work in structures in civil, structural, or architectural
engineering or service equivalent in accordance with subparagraph (C) of this
paragraph; a minimum of one year structural engineering experience related
to buildings; and certification as either a building plan examiner as granted
by SBCCI, as a plans examiner as granted by ICBO, or as a building plans examiner
as granted by BOCA. Any certification expiration dates must also be submitted.
(ii)
The mechanical reviewer shall have a bachelor's degree
in engineering with specialized course work in HVAC Systems or service equivalent
in accordance with subparagraph (C) of this paragraph; a minimum of one year
mechanical engineering experience related to buildings; and certification
as a mechanical inspector as granted by either SBCCI, ICBO, or BOCA. Any certification
expiration dates must also be submitted.
(iii)
The electrical reviewer shall have a bachelor's degree
in engineering with specialized course work in electrical engineering or service
equivalent in accordance with subparagraph (C) of this paragraph; a minimum
of one year electrical engineering experience related to buildings; and certification
as either a commercial electrical inspector as granted by SBCCI or as an electrical
inspector as granted by either ICBO or BOCA. Any certification expiration
dates must also be submitted.
(iv)
The plumbing reviewer shall have a bachelor's degree in
engineering with specialized course work in hydraulics or service equivalent
in accordance with subparagraph (C) of this paragraph; a minimum of one year
plumbing experience related to buildings; and certification as a plumbing
inspector as granted by either SBCCI, ICBO, or BOCA. Any certification expiration
dates must also be submitted.
(v)
The building planning reviewer shall have a bachelor's
degree in engineering or architecture or service equivalent in accordance
with subparagraph (C) of this paragraph; a minimum of one year experience
related to building planning; and certification as either a building plan
examiner as granted by SBCCI, as a plans examiner as granted by ICBO, or as
a building plans examiner as granted by BOCA. Any certification expiration
dates must also be submitted.
(vi)
The fire safety reviewer shall have a bachelor's degree
in engineering or architecture or service equivalent in accordance with subparagraph
(C) of this paragraph; a minimum of one year experience in fire protection
engineering related to buildings; and certification either as a building plan
examiner as granted by SBCCI, as a plans examiner as granted by ICBO, or as
a building plans examiner as granted by BOCA. Any certification expiration
dates must also be submitted.
(vii)
The accessibility reviewer shall have
a bachelor's degree in engineering or architecture or service equivalent in
accordance with subparagraph (C) of this paragraph; a minimum of one year
experience in accessibility reviews related to buildings; and satisfactory
completion of the Texas Accessibility Academy with a test score of 80% or
higher.
(C)
A minimum of eight years of creditable experience in engineering
or architectural practice indicative of growth in engineering or architectural
competency and responsibility is an acceptable service equivalent for academic
requirements. This experience may be counted concurrently for those wishing
to show service equivalency in more than one field. To be considered creditable,
experience must satisfy the requirements outlined in the Texas State Board
of Registration for Professional Engineers Board Rules of Practice and Procedure
or the Texas Board of Architectural Examiner Rules and Regulations of the
Board Regulating the Practice of Architecture.
(D)
In lieu of a registration number issued by the Texas State
Board of Registration for Professional Engineers, an applicant currently registered
in some other state and applying for registration in Texas under the provisions
of the Texas Engineering Practice Act, §20(a) and (b), may satisfy the
requirement by providing a copy of an application for registration and a letter
from the Board acknowledging receipt and authorizing interim practice;
(3)
complete documentation, including examples of data sheets
or other forms used to analyze construction and equipment; preliminary and
final reports; and an agency compliance assurance manual to substantiate the
agency's ability to evaluate building systems and compliance control manuals
for compliance with standards. Evidence must be presented in the areas of
structural, mechanical, electrical, plumbing, building planning, and fire
safety. The documentation should include an example of a building system or
compliance control manual which the agency has evaluated for compliance with
a code or set of standards;
(4)
a properly notarized statement of certification signed
by the agency manager or chief executive officer that:
(A)
its board of directors, as a body, and its managerial and
technical personnel, as individuals, are free to exercise independence of
judgment in the performance of their duties within the agency;
(B)
its activities pursuant to the discharge of responsibility
as a design review agency will not result in financial benefit to the agency
via stock ownership or other financial interest in any producer, supplier,
or vendor of products involved, other than through standard fees for services
rendered;
(C)
the agency will consistently and uniformly implement the
policies and determinations of the council with regard to interpretations
of the standards and rules;
(D)
the agency will not provide design services or prepare
compliance control manuals for manufacturers for whom it acts as a design
review agency;
(E)
all information contained in the application for approval
as a design review agency is true, timely, and correct; and
(F)
all future changes will be immediately communicated to
the department;
(5)
A list of states in which the agency is currently approved
to provide similar services.
§70.50.Manufacturer's and Builder's Monthly Reports.
(a)
The manufacturer shall submit a monthly report to the department,
of all industrialized housing, buildings, modules, and modular components
that
[
which
] were constructed and to which decals and insignia
were applied during the month. The manufacturer shall keep a copy of the monthly
report on file for a minimum of five years.
Any corrections to reports
previously filed shall clearly indicate the corrections to be made and the
month and date of the report that is being corrected.
[
The report
must state the name and address of the industrialized builder to whom the
structures, modules, or modular components were sold, consigned, or shipped.
If any such units were produced and stored, the report must state the storage
location.
] The report shall [
also
] contain:
(1)
the serial or identification number of the units;
(2)
the decal or insignia number assigned to each identified
unit;
(3)
the
name and
registration number of the industrialized
builder (as assigned by the department)
, or the installation permit
number (as assigned by the department) of the person,
to whom the units
were sold, consigned, and shipped
. The requirements contained in §70.20(2)
(relating to Registration of Manufacturers and Industrialized Builders) shall
apply when an installation permit is reported in lieu of the registration
number of an industrialized builder
[
or the installation permit
number issued by the Department
];
(4)
the address to which the units were shipped;
(5)
an identification of the type of structure for which the
units are to be used, e.g., single family residence, duplex, restaurant, equipment
shelter, bank building, hazardous storage building, etc.;
(6)
any other information the department may require; and
(7)
an indication of zero units if there was not activity for
the reporting month.
(b)
Each industrialized builder shall keep records of
all industrialized housing, buildings, modules, and modular components that
were sold, leased, or installed. These records shall be kept for a minimum
of five years from the date of sale, lease, or installation and shall be made
available to the department for review upon request. An annual audit of units
sold, leased, or installed by the builder shall be conducted by the Department.
The audit will identify the modules or modular components by the name and
Texas registration number of the manufacturer of each unit and the assigned
Texas decal or insignia numbers and the corresponding identification, or serial,
numbers as assigned by the manufacturer. The builder shall report or provide
the following information to the Department for each unit identified in the
audit within the timeframe set by the audit:
[
Each industrialized
builder shall submit a monthly report to the department of all industrialized
housing, buildings, modules, and modular components that were installed during
the month. A copy of the report shall be kept on file by the industrialized
builder for a minimum of five years. The report shall contain:
]
(1)
evidence of compliance with §70.75
of this title (relating to Responsibilities of Registrants - Permit/Owner
Information);
[(1)
the specific address of each building
site on which the industrialized builder has performed any on-site construction
work during the month;]
(2)
the address where each unit was installed.
If the builder is not responsible for the installation, then the address to
where each unit was delivered;
(3)
the occupancy use of each building containing
modules or modular components, i.e., classroom, restaurant, bank, equipment
shelter, etc; and
(4)
[
(2)
] identification of the type
of foundation system, either permanent or temporary, on which
each
[
the
] unit was installed, in accordance with the following
.
[
:
]
(A)
If
[
if
] the builder is responsible
for the installation and site work, then the builder
:
[
shall
provide a notarized statement certifying that the unit was installed and inspected
in compliance with the engineered plans, applicable codes, department rules,
and site inspection procedures for industrialized housing and buildings; or
]
(i)
shall, for units installed outside the
jurisdiction of a municipality, keep a copy of the foundation plans and, for
units installed on a permanent foundation, keep a copy of the site inspection
report in accordance with §70.73 of this title (relating to Responsibilities
of the Registrants - Building Site Inspections). A copy of these documents
shall be made available to the department upon request; or
(ii)
shall, if installed within the jurisdiction
of a municipality, provide the name of the city responsible for the site inspection.
(B)
If
[
if
] the builder is not responsible
for the installation and site work, then
the builder shall provide
identification of the installation permit number,
assigned
[
issued
] by the Department, or builder registration number, assigned
by the Department, of the person responsible.
[(3)
the decal and insignia numbers and unit
identification numbers of all modules or modular components assembled or installed
at a building site during the month;]
[(4)
any other information the department
may require on the form or by separate instruction letter; and]
[(5)
an indication of zero units if there
was no activity for the reporting month.]
(c)
The manufacturer's and industrialized builder's monthly
reports must be filed with the department no later than the 10th day of the
following month.
[(d)
Any change in destination (from that
reported on the manufacturer's or builder's monthly report) of a module or
modular component prior to installation of the module or modular component
must be reported to the Department by the manufacturer or builder responsible
for the change. The change shall be reported on the manufacturer's or builder's
monthly report and shall clearly indicate that this is a change in destination
for a previously reported module or modular component. The report shall include
the serial or identification number of the unit, the decal or insignia number,
the site to which the unit was originally shipped, the new destination information,
and the registration number of the industrialized builder responsible for
the installation if the unit was transferred or sold to another industrialized
builder.]
§70.73.Responsibilities of the Registrants - Building Site Inspections.
(a)
When the building site is within a municipality
that
[
which
] has a building inspection agency or department,
the local building official will inspect all on-site construction done at
the site and the attachment of the structure to the permanent foundation to
assure completion and attachment in accordance with the design package, the
on-site construction documentation, and any unique foundation system or on-site
detailed drawings.
(b)
When the building site is outside a municipality, or within
a municipality
that
[
which
] has no building department
or agency, a third party inspector will perform the required inspections.
The on-site inspection is normally accomplished in three phases: site preparation,
set inspection, and final inspection. The builder,
, or installation
permit holder,
is responsible for scheduling each phase of the inspection
with the
third party inspector
[
inspecting agency
].
Additional inspections will be scheduled as required for larger structures
and to correct discrepancies. [
If a council approved third party inspector
is approved by the department and completes the inspection, fees may be paid
directly to the third party inspector. The third party inspector must notify
the department of the time, date, and location of the inspection, at least
three working days prior to the inspection.
] The industrialized builder
, or installation permit holder,
may utilize
a
different
third party
inspector
[
inspection agencies
] for different
projects, but may not change the
inspector
[
inspection agency
]for a project once started without the written approval of the department.
The inspector shall provide the builder or permit holder a copy of the site
inspection report and shall keep a copy for a minimum of five years. The report
may be in whatever format the inspector desires as long as the following information
is included on the inspection report:
(1)
dates of all inspections;
(2)
the name, Texas registration number or
license number, and signature of the inspector who performed the inspection;
(3)
the name and Texas industrialized builder
registration number, or the installation permit number, of the person responsible
for the foundation and installation. Installation permit numbers are assigned
by the Department in accordance with §70.20 of this title (relating to
Registration of Manufacturers and Industrialized Builders);
(4)
the name and Texas registration number
of the manufacturer of the modules or modular components inspected;
(5)
the name and address of the owner of the
building or buildings inspected;
(6)
the complete site address of the modules
or modular components inspected;
(7)
the Texas decal or insignia numbers and
manufacturer's identification or serial numbers of the modules or modular
components inspected;
(8)
the building codes the modules or modular
components were designed to meet in accordance with the data plate on the
building;
(9)
the occupancy group and the building construction
type of the building in accordance with the data plate on the building;
(10)
a record of all system testing observed;
and
(11)
the date and description of any deviations
to the approved plans, unique site completion documentation, or mandatory
codes and the corrective action, including the date of the corrective action,
taken by the industrialized builder, or installation permit holder. If no
deviations were observed, then this shall be noted on the report. The inspector
shall notify the department of any deviations that cannot be corrected or
that the builder, or installation permit holder, refuses to correct.
(c)
Destructive disassembly shall not be performed at the site
in order to conduct tests or inspections, nor shall there be imposed standards
or test criteria different from those required by the approved installation
instructions, on-site construction documentation, and the applicable mandatory
code. Nondestructive disassembly may be performed only to the extent of opening
access panels and cover plates.
(d)
If an inspector finds a structure, or any part thereof,
at the building site to be in violation of the approved design package and/or
the unique on-site plans and specifications, the inspector shall immediately
post a deviation notice and notify the industrialized builder
or installation
permit holder
. The industrialized builder
, or installation permit
holder,
is responsible for assuring that all deviations are corrected
and inspected prior to occupation of the building.
(e)
The industrialized builder
, or installation permit
holder,
shall not permit occupancy of a structure until a successful
final inspection has been completed and a certificate of occupancy issued
by the local authorities
. The industrialized builder
, or installation
permit holder,
shall keep a copy of the inspection report for the site
inspection in the files for a minimum of five years.
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 March 28, 2001.
TRD-200101801
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 13, 2001
For further information, please call: (512) 463-7348
16 TAC §70.100, §70.101
The Texas Department of Licensing and Regulation proposes
amendments to §§70.100 and 70.101 concerning industrialized housing
and buildings.
The amendments to §§70.100 and 70.101 adopt the latest editions
of the applicable building codes. The justification for the changes is that
the Texas Industrialized Building Code Council has determined that the revisions
are in the public interest in accordance with Texas Revised Civil Statutes,
Article 5221f-1, §2(c).
Jimmy Martin, Director of the Enforcement Division of the Texas Department
of Licensing and Regulation, has determined that for the first five-year period
that these sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the proposed
changes.
Mr. Martin also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be clearer implementation of the statute and a higher level
of building safety, quality, and compliance with the mandatory state building
codes.
The anticipated economic effect of small businesses and persons who are
required to comply with the sections as proposed will be minimal.
The cost of compliance will be minimal.
Comments on the proposal may be submitted to Jimmy Martin, Director of
the Enforcement Division, Texas Department of Licensing and Regulation, PO
Box 12157, Austin, Texas 78711, facsimile (512) 475-2872, or by email: jimmy.martin@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register.
The amendments are proposed under Texas Revised Civil Statutes,
Article 5221f-1, which authorizes the Commissioner of the Texas Department
of Licensing and Regulation to promulgate and enforce a code of rules and
take all action necessary to assure compliance with the intent and purpose
of the article.
The Article and Code affected by the amendments is Texas Revised Civil
Statutes, Article 5221f-1 and Texas Occupations Code, Chapter 51.
§70.100.Mandatory State Codes.
All industrialized housing and buildings, modules, and modular components,
shall be constructed in accordance with the following codes
:
[
and their appendices:
]
(1)
National Fire Protection Association - National Electrical
Code, 1999 Edition
, including appendices;
(2)
The International Building Code, 2000
edition, including appendices C and F, published by the International Code
Council, the Building Officials and Code Administrators International, the
International Conference of Building Officials, and the Southern Building
Code Congress International;
(3)
the International Fuel Gas Code, 2000
edition, published by the International Code Council, the Building Officials
and Code Administrators International, the International Conference of Building
Officials, and the Southern Building Code Congress International;
(4)
the International Plumbing Code, 2000
edition, including appendices B, C, D, E, F, and G, published by the International
Code Council, the Building Officials and Code Administrators International,
the International Conference of Building Officials, and the Southern Building
Code Congress International;
(5)
the International Mechanical Code, 2000
edition, published by the International Code Council, the Building Officials
and Code Administrators International, the International Conference of Building
Officials, and the Southern Building Code Congress International; and
(6)
the International Residential Code, 2000
edition, including appendix K, published by the International Code Council,
the Building Officials and Code Administrators International, the International
Conference of Building Officials, and the Southern Building Code Congress
International.
[(2)
either:]
[(A)
the Uniform Building Code, 1997 Edition, published by
the International Conference of Building Officials; or]
[(B)
the Standard Building Code, 1997 Edition, published by
the Southern Building Code Congress International; and]
[(3)
the International Fuel Gas Code, 1997
Edition, published by the International Code Council, the Building Officials
and Code Administrators International, the International Conference of Building
Officials, and the Southern Building Code Congress International; the International
Plumbing Code, 1997 Edition, published by the International Code Council,
the Building Officials and Code Administrators International, the International
Conference of Building Officials, and the Southern Building Code Congress
International; and the International Mechanical Code, 1998 Edition, published
by the International Code Council, the Building Officials and Code Administrators
International, the International Conference of Building Officials, and the
Southern Building Code Congress International.]
§70.101.Amendments to Mandatory State Codes.
(a)
The council shall consider and review all amendments to
these codes which are approved and recommended by ICBO or SBCCI, 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 later
date as set by the council.
(c)
The 1999 Edition of the National Electrical Code shall
be amended as follows.
(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)
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)
Delete chapter 11 and replace with the
Texas Accessibility Standards (TAS) of the Architectural Barriers Act, Article
9102, Texas Civil Statutes, 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(a) and (c) (relating to Registration - Subject
Buildings and Facilities.)
(3)
Revise Chapter 35, Referenced Standards,
as follows.
(A)
Delete ICC A 117.1-98, 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 A117.1, the Texas Accessibility Standards (TAS) shall be
substituted.
(e)
Revise §101.1 of the International
Fuel Gas Code to read "These regulations shall be known as the
Fuel Gas Code
of the Texas Industrialized Housing and Buildings program,
hereinafter referred to as 'this code.'"
(f)
The International Plumbing Code shall
be amended as follows.
(1)
Revise §101.1 of the International Plumbing Code to
read "These regulations shall be known as the
Plumbing
Code
of the Texas Industrialized Housing and Buildings program, hereinafter
referred to as 'this code.'"
(2)
Revise Chapter 13, 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.
(3)
Wherever reference elsewhere in the code is made to ICC/ANSI
A117.1, the Texas Accessibility Standards (TAS) shall be substituted.
(g)
Revise §101.1 of the International
Mechanical Code to read "These regulations shall be known as the
Mechanical Code
of the Texas Industrialized Housing and Buildings program,
hereinafter referred to as 'this code.'"
(h)
Revise §R101.1 of the International
Residential Code to read "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.'"
[(d)
The 1997 Edition of the Uniform Building
code shall be amended as follows.]
[(1)
Amend Appendix Chapter 13, §1302.2 to read: "To comply
with the purpose of this appendix, buildings shall be designed to comply with
the requirements of the International Energy Conservation Code promulgated
by the International Code Council, dated 1998."]
[(2)
Accessibility requirements for the physically handicapped
shall be amended as follows.]
[(A)
Delete Chapter 11 and Appendix Chapter 11 and replace
with the Texas Accessibility Standards (TAS) of the Architectural Barriers
Act, Article 9102, Texas Civil Statutes, 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(a) and (c) relating
to Registration - Subject Buildings and Facilities, dated June 1, 1994.]
[(B)
Wherever reference elsewhere in the code is made to the
Council of American Building Officials (CABO)/American National Standards
Institute (ANSI) A117.1 (CABO/ANSI A117.1), The Texas Accessibility Standards
(TAS) shall be substituted.]
[(3)
Amend Appendix Chapter 3, Division III,
Section 332 to read: "Buildings regulated by this division shall be designed
and constructed to comply with the requirements of the International One and
Two Family Dwelling code, 1998 Edition (as it applies to detached one and
two family dwellings), as promulgated by the International Code Council."]
[(e)
The 1997 Edition of the Standard Building
Code shall be amended as follows:]
[(1)
Amend Appendix E as follows.]
[(A)
Amend Section E101.2 as follows: "All buildings, except
those listed below, shall be designed in accordance with the International
Energy Conservation Code."]
[(B)
Delete Section E102.]
[(2)
Accessibility requirements for the physically handicapped
shall be amended as follows:]
[(A)
Delete Chapter 11 and replace with the Texas Accessibility
Standards (TAS) of the Architectural Barriers Act, Article 9102, Texas Civil
Statutes, 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 (a) and (c) relating to Registration - Subject Buildings
and Facilities, dated June 1, 1994.]
[(B)
Wherever reference elsewhere in the code is made to the
Council of American Building Officials (CABO)/American National Standards
Institute (ANSI) A117.1 (CABO/ANSI A117.1), the Texas Accessibility Standards
(TAS) shall be substituted.]
[(3)
Revise Chapter 35, Reference Standards, Section 3502 as
follows.]
[(A)
Delete "CABO/ANSI A117.1-92, Accessible and Usable Building,
and Facilities, delete CABO One and Two Family Dwelling Code, 1995 edition,
and delete CABO Model Energy Code, 1995 edition.]
[(B)
Add Texas Accessibility Standards (TAS), dated April 1,
1994, add International One and Two Family Dwelling Code, 1998 edition, and
International Energy Conservation Code, 1998 edition.]
[(4)
Delete Appendix B, Recommended Schedule of Permit Fees.]
[(5)
Amend Appendix C as follows: "All one and two family dwellings
not more than three stories in height and their accessory structures shall
be designed and constructed in accordance with the International One and Two
Family Dwelling Code as promulgated by the International Code Council. All
structures constructed in accordance with this appendix shall meet the height
and area requirements for Group R3 occupancies in Table 500 of the Standard
Building Code.]
[(f)
Amend the 1997 edition of the International
Plumbing Code by deleting Appendix A, Plumbing Permit Fee Schedule.]
[(g)
Amend the 1998 edition of the International
Mechanical Code by deleting Appendix B, Recommended Permit Fee Schedule.]
[(h)
Revise Chapter 49 of the 1998 edition
of the International One and Two Family Dwelling Code, "ASCE 7-1988, Minimum
Design Loads for Buildings and Other Structures" to read: "ASCE 7-1995, Minimum
Design Loads for Buildings and Other Structures."]
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 March 28, 2001.
TRD-200101803
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: May 13, 2001
For further information, please call: (512) 463-7348