Texas Administrative Code

Texas Administrative Code

TITLE 16	ECONOMIC REGULATION
PART 4	TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 70	INDUSTRIALIZED HOUSING AND BUILDINGS
RULE §70.101	Amendments to Mandatory Building Code

(a) The council shall consider and review all amendments to these codes which are approved and recommended by ICC, 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 a later date as set by the council.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Building Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(C) Amend Section 101.2.1 Appendices by adding the following: "Appendices C, F, and K shall be considered part of this code."

(D) Amend Section 101.4 Referenced codes to read as follows: "The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(E) Amend Section 101.4.7 Existing buildings to add the following sentence: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(F) Add new Section 101.4.8 Electrical to read as follows: "The provisions of Appendix K shall apply to the installation of electrical systems, including alterations, repairs, replacements, equipment, appliances, fixtures, fittings and appurtenances thereto. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted."

(G) Add new Section 101.4.9 Accessibility to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS). Wherever reference elsewhere in this code is made to ICC A117.1, the TAS of Texas Government Code, Chapter 469, Elimination of Architectural Barriers shall be substituted. 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."

(2) Amend Section 104.1 General by adding the following: "The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings."

(3) Amend Section 107.1 General by adding the following: "Construction documents depicting the structural design of buildings to be located in hurricane prone regions shall be prepared and sealed by a Texas licensed professional engineer."

(4) Amend Section 111 Certificate of Occupancy as follows.

(A) Amend Section 111.1 Use and occupancy to read as follows: "A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the local building official has issued a certificate of occupancy in accordance with the locally adopted rules and regulations."

(B) Amend Section 111.2 Certificate issued to read as follows. "The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations. After the local building official inspects the industrialized house or building and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the local building official shall issue a record of final inspection authorizing the release of the house or building for occupancy."

(D) Amend Section 111.3 Temporary occupancy to read as follows: "The local building official may issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations."

(E) Add new Section 111.5 Industrialized housing and buildings installed outside the jurisdiction of a municipality or within a municipality without an inspection department to read as follows: "The installation of buildings installed outside the jurisdiction of a municipality or within a municipality without an inspection department shall comply with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, Administrative Rules Industrialized Housing and Buildings."

(5) Amend Section 311.3 Low-hazard storage, Group S-2 by adding the following to the list of uses that are covered by this occupancy group: "Equipment shelters or equipment buildings."

(6) Amend Chapter 11 Accessibility as follows.

(A) Amend Section 1101.2 Design to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS)"

(B) Delete Section 1102 through Section 1111.

(7) Amend Chapter 35 Referenced Standards as follows.

(A) Delete the following standard: "ICC A117.1-09, Accessible and Usable Buildings and Facilities."

(B) Add TDLR, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 as a promulgating agency; add 2012 TAS, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68 as the referenced standard; and add code sections 202, 907.5.2.3.3, 1009.8.2, 1009.9, 1009.11, 1010.1.9.7, 1012.1, 1012.6.5, 1012.10, 1013.4, 1023.9, and 1101.2 as the referenced code sections.

(8) Amend Section K111.1 Adoption to read as follows: "Electrical systems and equipment shall be designed, constructed and installed in accordance with NFPA 70 except as otherwise provided in this code."

(d) The 2015 International Residential Code shall be amended as follows.

(1) Amend Section R101 General as follows.

(A) Amend Section R101.1 Title to read as follows: "These regulations shall be known as the Residential Code for One- and Two-family Dwellings of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section R101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section R102 Applicability as follows.

(A) Amend Section R102.4 Referenced codes and standards to read as follows: "The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each reference and as further regulated in Sections R102.4.1 through R102.4.4. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(B) Add new Section R102.4.3 Electrical code to read as follows: "The provisions of the National Electrical Code, NFPA 70, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. Any reference to chapters 34 through 43 of this code shall mean the Electrical Code as adopted."

(C) Add new Section R102.4.4 TDI Code-Wind design to read as follows: "The wind design of buildings to be placed in the first tier counties along the Texas coast and designated catastrophe areas as defined by the Texas Department of Insurance (TDI) shall also comply with the current effective code and amendments adopted by the TDI, hereafter referred to as the TDI Code. Where conflicts occur between the provisions of this code and the TDI Code as they relate to the requirements for wind design, the more stringent requirements shall apply. Where conflicts occur between the provisions of this code and the editions of the codes specified by the Texas Department of Insurance as they relate to requirements other than wind design, this code shall apply."

(D) Amend Section R102.5 Appendices by adding the following: "Appendices G, H, K, P, S and U shall be considered part of this code."

(E) Add new Section R102.8 Moved industrialized housing to read as follows: "Moved industrialized housing shall comply with the requirements of the local building official for moved buildings."

(3) Amend Section R104.1 General by adding the following: "The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings."

(4) Amend Section R106.1 Submittal documents by adding the following: "Construction documents depicting the structural design of buildings to be located in hurricane prone regions and in the first tier counties along the Texas coast and designated catastrophe areas as defined by the Texas Department of Insurance (TDI) shall be prepared and sealed by a Texas licensed professional engineer."

(5) Amend Section R110 Certificate of Occupancy as follows.

(A) Amend Section R110.1 Use and occupancy by amending the first sentence to read as follows: "A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the local building official has issued a certificate of occupancy in accordance with locally adopted rules and regulations."

(B) Amend Section R110.2 Change in use to read as follows: "Changes in the character or use of new industrialized housing are not allowed. Changes in the character or use of existing industrialized housing shall not be made except as authorized by the local building official."

(C) Amend Section R110.3 Certificate issued to read as follows: "The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations. After the local building official inspects the industrialized house or building and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, then the local building official shall issue a record of final inspection authorizing the release of the house or building for occupancy."

(D) Delete Items 1 through 9 of Section R110.3.

(E) Amend Section R110.4 Temporary occupancy to read as follows: "The local building official may issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations."

Cont'd...