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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 5PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER ETEXAS WINDSTORM INSURANCE ASSOCIATION
DIVISION 1PLAN OF OPERATION
RULE §5.4007Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made Prior to September 1, 1998

        (I) When roofings of the previously mentioned types are applied to wood roof decks, they shall be secured with drive screws of sufficient length to extend through the roof deck. When applied directly to purlins and other roof members they shall be secured with bolted strap fasteners. Properly designed clip fasteners that are approved may be used in accordance with the conditions of such approval. Drive screws at least four inches in length may be used to secure these roofings directly to wood purlins.

        (II) Aluminum roofing when fastened to steel roof structures shall be insulated against electrogalvanic action.

      (vii) Insulated steel deck roofing. Insulated steel deck shall be secured by spot welding of clips or spot welding the sheets to the steel purlins, or by equivalent means.

    (D) Construction walls. During erection masonry walls shall not be built higher than ten times their thickness unless adequately braced or until provision is made for the prompt installation of permanent bracing at the floor or roof level immediately above the story under construction.

(b) Areas Inland of the Intracoastal Canal. To be eligible for catastrophe insurance, properties located inland of the Intracoastal Canal on the Texas coastline (or inland of the boundary authorized to be established by the Commissioner by the Insurance Code, Article 21.49 as amended) shall be subject to the building specifications and standards in the Standard Building Code, as amended May 8, 1973, and the Windstorm Resistant Construction Guide. The Department adopts by reference the Windstorm Resistant Construction Guide, and any applicable amendments adopted by reference to be effective April 1, 2001, which has been developed by the Department to interpret and simplify the specifications and standards in the Standard Building Code, as amended May 8, 1973.

(c) Limitations on applicability of building codes. Notwithstanding any other provisions in this plan of operation, the building code set forth in this section shall be applicable only in:

  (1) the counties of Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Refugio, San Patricio, and Willacy;

  (2) the area located east of the boundary line of State Highway 146 and inside the city limits of the City of Seabrook (Harris County) and the area located east of the boundary line of State Highway 146 and inside the city limits of the City of La Porte (Harris County);

  (3) the City of Morgan's Point (Harris County); and

  (4) the area located east of the boundary line of State Highway 146 and inside the city limits of the City of Shoreacres (Harris County), and the area located east of the boundary line of State Highway 146 and inside the city limits of the City of Pasadena (Harris County).

(d) Insurable property for windstorm and hail insurance.

  (1) For structures before January 1, 1988, in all designated catastrophe areas. A structure constructed, repaired, or to which additions were made before January 1, 1988, that is located in an area covered at the time by a building code recognized by the association shall be considered an insurable property for windstorm and hail insurance from the association without compliance with the inspection or approval requirements of Insurance Code, Article 21.49, §6A(a) or the plan of operation. A structure constructed, repaired, or to which additions were made before January 1, 1988, that is located in an area not covered by a building code recognized by the association shall be considered an insurable property for windstorm and hail insurance from the association without compliance with the inspection or approval requirements of Insurance Code, Article 21.49, §6A(a) or the plan of operation if that structure has been previously insured by a licensed insurance company authorized to do business in this state and the risk is in essentially the same condition as when previously insured, except for normal wear and tear, and without any structural change other than a change made according to code. Evidence of previous insurance includes a copy of a previous policy, copies of canceled checks or agent's records that show payments for previous policies, and a copy of the title to the structure or mortgage company records that show previous policies.

  (2) For structures in designated catastrophe areas of Seabrook and La Porte from January 1, 1988, to March 1, 1996. A structure constructed, repaired, or to which additions were made on and after January 1, 1988, and before March 1, 1996, that is located in an area east of the boundary line of State Highway 146 and inside the city limits of the City of Seabrook (Harris County) or in an area east of the boundary line of State Highway 146 and inside the city limits of the City of La Porte (Harris County) shall be considered approved by the Commissioner of Insurance as being in compliance with the association's inland building code requirements contained in subsection (b) of this section and shall be considered an insurable property for windstorm and hail insurance from the association if the owner of the structure to be insured by the association presents to the association at the time of application for insurance the following statement signed by a city building official: "To the best belief and knowledge of the undersigned, the structure located at (street address) in (name of city), Texas, was constructed, repaired, or an addition was made on and after January 1, 1988, and before March 1, 1996, in accordance with the building specifications and standards which comply with the Standard Building Code (1973 Edition) or an equivalent recognized code; and the City of (name of city), Texas has inspected the structure and enforced compliance to said code."

  (3) For structures in the designated catastrophe areas of Seabrook and La Porte on and after March 1, 1996, to May 31, 1998. A structure constructed, repaired, or to which additions were made on and after March 1, 1996, to May 31, 1998, that is located in an area east of the boundary line of State Highway 146 and inside the city limits of the City of Seabrook (Harris County) or in an area east of the boundary line of State Highway 146 and inside the city limits of the City of La Porte (Harris County) shall be considered an insurable property for windstorm and hail insurance from the association only if the structure is inspected or approved by the Commissioner of Insurance for compliance with building specifications in this plan of operation, including any specifications for roofing materials as provided in Article 21.49, §6A(a) of the Insurance Code.

  (4) For structures in the City of Morgan's Point from January 1, 1988, to June 1, 1996. A structure constructed, repaired, or to which additions were made on and after January 1, 1988, and before June 1, 1996, that is located in the City of Morgan's Point (Harris County) shall be considered approved by the Commissioner of Insurance as being in compliance with the association's inland building code requirements contained in subsection (b) of this section and shall be considered an insurable property for windstorm and hail insurance from the association if the owner of the structure to be insured by the association presents to the association at the time of application for insurance the following statement signed by a city building official: "To the best belief and knowledge of the undersigned, the structure located at (street address) in Morgan's Point, Texas, was constructed, repaired, or an addition was made on and after January 1, 1988, and before June 1, 1996, in accordance with the building specifications and standards which comply with the Standard Building Code (1973 Edition) or an equivalent recognized code; and the City of Morgan's Point, Texas, has inspected the structure and enforced compliance to said code."

  (5) For structures in the City of Morgan's Point on and after June 1, 1996, to May 31, 1998. A structure constructed, repaired, or to which additions were made on and after June 1, 1996, to May 31, 1998, that is located in the City of Morgan's Point (Harris County); shall be considered an insurable property for windstorm and hail insurance from the association only if the structure is inspected or approved by the Commissioner of Insurance for compliance with building specifications in this plan of operation, including any specifications for roofing materials as provided in Article 21.49, §6A(a) of the Insurance Code.

  (6) For structures located in an area east of a boundary line of State Highway 146 and inside the city limits of the City of Shoreacres (Harris County), and in an area east of a boundary line of State Highway 146 and inside the city limits of the City of Pasadena (Harris County), from January 1, 1988, to March 1, 1997. A structure constructed, repaired, or to which additions were made on and after January 1, 1988, and before March 1, 1997, that is located in an area east of State Highway 146 and inside the city limits of the City of Shoreacres (Harris County), or in an area east of State Highway 146 and inside the city limits of the City of Pasadena (Harris County), shall be considered approved by the Commissioner of Insurance as being in compliance with the association's inland building code requirements contained in subsection (b) of this Cont'd...

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