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). The amendments to §5.4008
are adopted without changes to the text published in the March 22, 2002, issue
of the
Texas Register
(27 TexReg 2180) 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 amendments are necessary to make editorial
and clarifying changes that make the code more user-friendly and easier to
use. The 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. The advisory committee's recommended
changes were submitted to the Commissioner on January 23, 2002 and those recommended
changes were considered at a public hearing on April 23, 2002, Docket Number
2518, where they were adopted by the Commissioner.
Amended §5.4008 adopts by reference the following amendments to the
code:
Section 300, Prescriptive Requirements, Area Inland of Established Dividing
Line and Section 400, Area Seaward of Established Dividing Line.
1. 301 and 401, Foundations. A new paragraph is added to the introductory
information in subsections 301 and 401 to clarify that the foundation requirements
specified in the code are minimum requirements for the wind resistance of
the structure. The new paragraph further specifies that other design conditions
such as soil conditions and surface drainage are not within the scope of the
building code and not addressed by the code requirements. Additionally, in
paragraphs 301.3 and 401.3 entitled "Pier and Beam Foundation" language is
added to the text to generalize the beam anchorage methodology to allow the
builders more options. A modification to the text in Figure 301.3A clarifies
that the bolt connection shown is only one method of anchorage. Also, new
Figure 301.3C is added to Appendix J to provide guidance for anchoring the
beams to the piers to resist uplift loading.
2. 303 and 403, Wood Stud Wall Framing. New clauses 303.1.2.3 and 403.1.2.3,
entitled "Gable Endwall Offset (Platform or Balloon Framing) are added to
subsections 303 and 403 to provide a prescriptive method for construction
of an offset at gable endwalls. New provisions are added to Appendix I, the
Fastening Schedule, to specify the type and spacing of the fasteners that
are to be used with the new wall framing options. Additionally, new Figure
303.1.2.3 is added to Appendix J to provide an illustration of the framing
details of the gable endwall offset. A typographical error in the footnote
of Tables 303.3.2.1B and 403.3.2.1B is corrected to reflect the proper combination
symbol for the glued laminated beam. A typographical error in subpart 403.4.3.1
entitled "Shearwall Segment" that references a table on minimum shearwall
segment widths is corrected.
3. 305 and 405, Ceiling Framing. New subparagraphs 305.1.1 and 405.1.1
entitled "Strongbacks and Ceiling Joists Supporting Rafter Bracing" are added
in the Ceiling Joists provisions (305.1 and 405.1) to permit rafter braces
to be supported by ceiling joists. The addition included tables for the maximum
allowable span for ceiling joists supporting rafter braces. New Figure 305.1.1
is added to Appendix J to illustrate the construction of the rafter bracing
that is supported by the strongback and ceiling joist system.
4. 306 and 406, Roof Framing. An amendment to subparagraph 306.1.2 entitled
"Rafter Braces and Splices" provides an option in the rafter bracing section
to address the construction of rafter braces supported by ceiling joists.
An amendment to paragraph 406.4 entitled "Roof Deck" is adopted that would
allow roof decks in seaward locations to be constructed with minimum " thick
wood structural sheathing instead of the " thick wood structural sheathing
currently required.
5. 307 and 407, Roof Coverings. A typographical error in the text of subparagraphs
307.1.1 and 407.1.1 entitled "Underlayment" concerning the application of
composition shingles to roofs with low roof slopes is corrected.
6. 308 and 408, Exterior Openings. New language is added to paragraphs
308.1 and 408.1 entitled "Exterior Doors" and to paragraphs 308.3 and 408.3
entitled "Exterior Windows" to provide guidance for the attachment of a wood
nailer to a masonry door opening or a masonry window opening that would provide
options for the attachment of door and window products to masonry construction
including options on types of anchors for attachment to the masonry. An amendment
is adopted to clause 408.5.1.1 entitled "Windborne Debris Protection Using
Wood Structural Panels" to provide clarification and guidance for the proper
attachment of wood structural panels when used as removable shutters on wood-framed
structures that have either a wood structural panel siding exterior wall covering
in compliance with paragraph 409.1 or for conditions where the perimeter of
exterior openings are sheathed with wood structural panels. Modification to
Figure 408.5.1.1 in Appendix J is adopted to further clarify the proper attachment
and installation of the wood structural panel shutters to wood-framed structures.
7. 310 and 410, Mechanical Equipment. An amendment to subparagraph 310.1.3
entitled "Air Conditioning Units Resting Upon a Supported Platform" is adopted
to correct a typographical error that occurred when a table was renumbered
and the reference to the table in the text was not updated.
8. 311 and 411, Miscellaneous Construction. An amendment to subparagraphs
311.4.1 and 411.4.1 entitled "General" clarifies that overhangs at the ends
of supported roof overhangs and porches may not exceed 2 feet. Additionally,
an amendment is adopted that deletes the footnote at the bottom of Tables
311.4.2 and 411.4.2 relating to the width of overhangs for uplift requirements
as the footnote is unnecessary.
No comments were received on the proposed amendments as published.
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 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 May 10, 2002.
TRD-200202909
Lynda Nesenholtz
General Counsel and Chief Clerk
Texas Department of Insurance
Effective date: May 30, 2002
Proposal publication date: March 22, 2002
For further information, please call: (512) 463-6327