(a) An agency seeking council approval as a design
review agency (DRA) shall submit a written application to the executive
director. 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.
(b) The application will include the following information.
(1) An organizational chart indicating the names of
the managerial and technical personnel responsible for design review
functions within the agency. The chart must indicate the area or areas
of review for with 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. All certifications
shall be current with ICC.
(3) Complete documentation, including, but not limited
to:
(A) examples of data sheets or other forms used to
analyze construction and equipment;
(B) preliminary and final reports; and
(C) 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 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.
(c) The minimum personnel requirements and qualifications
shall be as follows.
(1) The manager or chief executive officer shall have:
(A) a minimum of four years of plans examination, design,
construction, or manufacturing experience in the building industry,
or any combination thereof; and
(B) licensure as a professional engineer or architect
in the State of Texas. The applicant's license number must be included
on the resume.
(2) Technical staff members may qualify for more than
one discipline. The agency does not need to have an individual staff
member for each discipline. The technical staff shall consist of the
following positions.
(A) The structural reviewer shall have:
(i) a bachelor's degree with specialized course work
in structures in civil, structural, or architectural engineering or
service equivalent in accordance with subsection (c)(3);
(ii) a minimum of one year structural engineering experience
related to buildings; and
(iii) certification as a building plans examiner as
granted by ICC.
(B) The mechanical reviewer shall have:
(i) a bachelor's degree in engineering with specialized
course work in HVAC Systems or service equivalent in accordance with
subsection (c)(3);
(ii) a minimum of one year mechanical engineering experience
related to buildings; and
(iii) certification as a commercial mechanical inspector
as granted by ICC.
(C) The electrical reviewer shall have:
(i) a bachelor's degree in engineering with specialized
course work in electrical engineering or service equivalent in accordance
with subsection (c)(3);
(ii) a minimum of one year electrical engineering experience
related to buildings; and
(iii) certification as a commercial electrical inspector
as granted by ICC.
(D) The plumbing reviewer shall have:
(i) a bachelor's degree in engineering with specialized
course work in hydraulics or service equivalent in accordance with
subsection (c)(3);
(ii) a minimum of one year plumbing experience related
to buildings; and
(iii) certification as a plumbing inspector as granted
by ICC.
(E) The building planning reviewer shall have:
(i) a bachelor's degree in engineering or architecture
or service equivalent in accordance with subsection (c)(3);
(ii) a minimum of one year experience related to building
planning; and
(iii) certification as a building plans examiner as
granted by ICC.
(F) The fire safety reviewer shall have:
(i) a bachelor's degree in engineering or architecture
or service equivalent in accordance with subsection (c)(3);
(ii) a minimum of one year experience in fire protection
engineering related to buildings; and
(iii) certification as a fire plans examiner as granted
by ICC.
(G) The accessibility reviewer shall have:
(i) a bachelor's degree in engineering or architecture
or service equivalent in accordance with subsection (c)(3);
(ii) a minimum of one year experience in accessibility
reviews related to buildings;
(iii) completed the Texas Accessibility Academy and
passed an examination approved by the department.
(3) 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 Board of Professional Engineers
Board Rules concerning the Practice of Engineering and Professional
Engineering Licensure, or the Texas Board of Architectural Examiner
Rules and Regulations of the Board Regulating the Practice of Architecture.
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Source Note: The provisions of this §70.22 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective March 15, 2020, 45 TexReg 1674 |