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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER ETEXAS WINDSTORM INSURANCE ASSOCIATION
DIVISION 7INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE
RULE §5.4601Definitions

The following definitions apply to this subchapter:

  (1) Applicant--A person who submits a new or renewal application for appointment as an appointed qualified inspector.

  (2) Appointed qualified inspector--An engineer licensed by the Texas Board of Professional Engineers and appointed by TDI as a qualified inspector under Insurance Code §2210.254(a)(2).

  (3) Appointed qualified inspector number--A number TDI assigns to each appointed qualified inspector.

  (4) Constructed or construction--The act of building or erecting a structure or repairing (including reroofing), altering, remodeling, or enlarging an existing structure.

  (5) Completed improvement--

    (A) An improvement in which the original transfer of title from the builder to the initial owner of the improvement has occurred; or

    (B) if a transfer under subparagraph (A) of this paragraph is not contemplated, an improvement that is substantially completed.

  (6) Improvement--The construction of or repair (including reroofing), alteration, remodeling, or enlargement of a structure to which the plan of operation applies.

  (7) Ongoing improvement--

    (A) An improvement in which the original transfer of title from the builder to the initial owner of the improvement has not occurred; or

    (B) if a transfer under subparagraph (A) of this paragraph is not contemplated, an improvement that is not substantially completed.

  (8) Substantially completed--An improvement for which the final framing stage, including attachment of component and cladding items and installation of windborne debris protection, has been completed. If the improvement's windborne debris protection consists of wood structural panels, all the panels must be present at the improvement's location but need not be installed.

  (9) TDI inspector--A qualified inspector authorized under Insurance Code §2210.254(a)(1) and employed by TDI.

  (10) TDI--The Texas Department of Insurance.

  (11) Texas Board of Professional Engineers and Land Surveyors, Texas Board of Professional Engineers, or TBPE--House Bill 1523, 86th Legislature, Regular Session, 2019, abolished the Texas Board of Professional Land Surveying and transferred its functions to the renamed Texas Board of Professional Engineers and Land Surveyors, effective September 1, 2019. All references to the Texas Board of Professional Engineers or the TBPE in this division are references to the Texas Board of Professional Engineers and Land Surveyors.

  (12) Association--The Texas Windstorm Insurance Association.

  (13) Windstorm building code standards--The requirements for building construction in §§5.4007 - 5.4012 of this title (relating to Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made Prior to September 1, 1998; Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made On and After September 1, 1998, and before February 1, 2003; Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made On and After February 1, 2003 and before January 1, 2005; Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made On and After January 1, 2005, and before January 1, 2008; Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made On and After January 1, 2008, and before April 1, 2020; and Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired, or to Which Additions Are Made on or after April 1, 2020; respectively).


Source Note: The provisions of this §5.4601 adopted to be effective January 18, 2017, 42 TexReg 66; amended to be effective March 29, 2020, 45 TexReg 1998

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