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You are here: Home . rules . 2003 . 0507E-059
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SUBCHAPTER E. TEXAS WINDSTORM INSURANCE ASSOCIATION

Division 7.

Inspections for Windstorm and Hail Insurance

28 TAC §5.4605

The Texas Department of Insurance proposes new §5.4605, concerning items not requiring an inspection for the purposes of windstorm and hail insurance coverage through the Texas Windstorm Insurance Association (Association or TWIA). Article 21.49, §6A provides that all structures that are constructed or repaired or to which additions are made on or after January 1, 1988, to be considered insurable property for windstorm and hail insurance from the Association, must be inspected or approved by the department for compliance with the building specifications in the plan of operation. Over the course of development of the inspections program, the department has listed certain items not requiring an inspection for purposes of windstorm and hail insurance coverage in its windstorm inspection manual and as modified and incorporated into the TWIA Building Code for Windstorm Resistant Construction. Effective February 1, 2003 , the Commissioner adopted the 2000 International Residential Code and the 2000 International Building Code, as revised by the Texas Revisions to the International Residential Code and the Texas Revisions to the International Building Code, as the applicable building code standards in designated catastrophe areas for structures constructed, repaired or to which additions are made on and after February 1, 2003. The department proposes new §5.4605 to provide a uniform listing of items not requiring inspection that will be applicable to all the codes and standards for the various periods of construction, to provide for repairs, replacements, or procedures with like kind and quality materials, fasteners, and craftsmanship, and to add certain items to the list. The additional items involve replacement of glass in windows or glass doors or replacement of exterior doors not involving the frames provided that the area is less than 10% of the surface area of the affected side of the structure, and replacement of exterior siding provided that the a rea is less than 10% of the surface area of the affected side of the structure. The intent is to allow for cost-effective repairs or replacement when a small percentage of the surface area is affected.

The department will consider the adoption of proposed §5.4605 in a public hearing under Docket Number 2552, scheduled for 1:30 o´clock, p.m. on June 18, 2003, in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street, Austin, Texas.

Alexis Dick, deputy commissioner, Inspections Division, has determined that for each year of the first five years the proposed section will be in effect, there will be no fiscal impact to state and local governments as a result of the enforcement or administration of the rules. There will be no measurable effect on local employment or the local economy as a result of the proposal.

Ms. Dick has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of the proposed section will be uniform application of items not requiring inspection thus promoting efficiencies in the compliance process. There may also be a savings to individuals who will be able to make use of repairs, replacements, or procedures with like kind and quality materials, fasteners, and craftsmanship. T here is no anticipated adverse economic effect on large, small, or micro-businesses. Government Code § 2006.001 defines "small business" and "micro-business"in pertinent part as a legal entity, including a corporation, partnership, or sole proprietorship that is formed for the purpose of making a profit. Since the Association was not formed for the purpose of making a profit, it does not meet the definition, and thus it is not necessary to include a small or micro-business analysis for the Association in this proposal.

To be considered, written comments on the proposal must be submitted no later than 5:00 p.m. on June 23, 2003 , to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P. O. Box 149104 , Austin , Texas 78714-9104 . An additional copy of the comment must be simultaneously submitted to Alexis Dick, Deputy Commissioner, Inspections Division, MC 103-1A, Texas Department of Insurance, P. O. Box 149104 , Austin , Texas 78714-9104 .

The section is proposed under the Insurance Code Article 21.49 and §36.001. Article 21.49, §6A provides that all structures that are constructed or repaired or to which additions are made on or after January 1, 1988, to be considered insurable property for windstorm and hail insurance from the Association, must be inspected or approved by the department for compliance with the building specifications in the plan of operation. Section 36.001 provides that the Commissioner of Insurance may adopt rules to execute the duties and functions of the Texas Department of Insurance as authorized by statute.

The following statute is affected by this proposal:

Rule Statute

§5.4605 Insurance Code Article 21.49

7. TEXT.

§5.4605. Items Not Requiring an Inspection for the Purposes of Windstorm and Hail Insurance Coverage through the Texas Windstorm Insurance Association. The items listed in this section do not require an inspection for compliance for the purposes of windstorm and hail insurance coverage through the Texas Windstorm Insurance Association provided that any repairs, replacements, or procedures are made with like kind and quality materials, fasteners, and craftsmanship as compared to the structure before the repairs, replacements, or procedures are made, and as compared to the parts of the building which are not repaired. In addition, if no structural change is made, the initial installation or replacement of the listed items may be made without requiring an inspection. The items are as follows:

(1) repairs to roofs less than 100 square feet (one square),

(2) repairs or replacement of gutters,

(3) replacement of decorative shutters,

(4) repairs to breakaway walls,

(5) fascia repairs,

(6) repairs to porch and balcony railings,

(7) repairs to stairways/steps and wheelchair ramps,

(8) protective measures before a storm,

(9) temporary repairs after a storm,

(10) leveling and repairs to an existing slab on grade foundation, unless wall and/or foundation anchorage is altered or repaired,

(11) fence repair,

(12) painting, carpeting, and refinishing,

(13) plumbing and electrical repairs,

(14) repairs to slabs poured on the ground for patios (including slabs under homes on pilings),

(15) repairs or replacement of soffits less than 24 inches in width,

(16) repairs or replacement of non-structural interior fixtures, cabinets, partitions (non-loadbearing), surfaces, trims or equipment,

(17) replacement of glass in windows or glass doors or replacement of exterior doors not involving the frames provided that the area is less than 10% of the surface area of the affected side (elevation) of the structure, and

(18) replacement of exterior siding provided that the area is less than 10% of the surface area of the affected side (elevation) of the structure.



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