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You are here: Home . rules . 2004 . 0525-059
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Subchapter E. Texas Windstorm Insurance Association

Division 1.

Plan of Operation

28 TAC §§5.4009 ­ 5.4010

Division 7.

Inspections for Windstorm and Hail Insurance

28 TAC §5.4603

Division 9.

Windstorm Building Code Advisory Committee on

Specifications and Main tenance

28 TAC §5.4800

The Texas Department of Insurance proposes amendments to §§5.4009, 5.4603, and 5.4800, and new §5.4010 concerning building code specifications in the plan of operation of the Texas Windstorm Insurance Association (Association or TWIA), inspections and forms for windstorm and hail insurance coverage through the Association, and a form for proposing changes in building requirements or procedures in the TWIA plan of operation. Senate Bill (SB) 14, as enacted by the 78th Legislature, amended certain provisions of Insurance Code Article 21.49 relating to windstorm insurance; accordingly, the purposes of the new and amended sections are to implement the legislation and to conform the current forms relating to windstorm inspections with the changes to Article 21.49. Insurance Code Article 21.49, §§5 and 6A, as amended by SB 14, provide that after January 1, 2004, the commissioner by rule shall adopt the 2003 International Residential Code for one- and two-family dwellings published by the International Code Council and may adopt a subsequent edition of that code and may adopt any supplements published by the International Code Council and amendments to that code. New §5.4010 proposes the adoption of the 2003 editions of the International Residential Code (IRC) and the International Building Code (IBC), as revised by the 2003 Texas Revisions to each document, all of which are adopted by reference to be effective January 1, 2005. The proposal to adopt the 2003 editions of the IRC and IBC, as each revised by the 2003 Texas Revisions, has been recommended by the Windstorm Building Code Advisory Committee on Specifications and Maintenance pursuant to Insurance Code Article 21.49, §6C. Proposed amendments to §5.4603 conform the windstorm inspection forms to the amended sections, update various forms, and delete certain forms to streamline the inspections process. Proposed amendments to §5.4009 conform the applicable time period of the 2000 IRC and IBC resulting from the propo sed adoption of the 2003 editions of the IRC and IBC and update addresses and website references. Copies of these proposed forms can be obtained from the Office of the Chief Clerk, Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104 , Mail Code 113-2A, Austin , Texas , 78714-9104 . To request copies, please contact Sylvia Gutierrez at 512/463-6327. These forms are used by qualified inspectors appointed to perform windstorm inspections to indicate compliance with adopted building code specifications and by the department in determining to notify the TWIA that construction is eligible for a policy of windstorm and hail insurance. SB 14 also amended §6C of Article 21.49 concerning the procedures by which the Windstorm Building Code Advisory Committee on Specifications and Maintenance makes recommendations to the commissioner on building requirements. Proposed amendments to §5.4800 conform the wording of this section and its referenced form to the new language required by SB 14.

The department will consider the adoption of proposed amended §§5.4009, 5.4603, and 5.4800 and new §5.4010 in a public hearing under Docket Number 2593, scheduled for 1:30 o´clock, p.m. on July 14, 2004, 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 sections 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 amended and new sections are in effect, the public benefit anticipated as a result of the proposal will be uniform and definite application in the inspection process thus promoting efficiencies in compliance. The cost of compliance results from the legislative enactment of SB 14, 78th Legislature, and not as a result of the administration or enforcement of the rules. 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 July 12, 2004 , 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 new and amended sections are proposed under the Insurance Code Article 21.49 and §36.001. Insurance Code Article 21.49, §§5 and 6A, as amended by SB 14, provide that after January 1, 2004, the commissioner by rule shall adopt the 2003 International Residential Code for one- and two-family dwellings published by the International Code Council and may adopt a subsequent edition of that code and may adopt any supplements published by the International Code Council and amendments to that code. 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 plan of operation. SB 14 further amended §6C of Article 21.49 to change certain references regarding the Windstorm Building Code Advisory Committee on Specifications and Maintenance. Section 36.001 provides that the Commissioner of Insurance may adopt any rules necessary and appropriate to implement the powers and duties of the Texas Department of Insurance under the Insurance Code and other laws of this state.

The following statute is affected by this proposal:

Rule Statute

§§5.4009 ­ 5.4010, 5.4603, and 5.4800 Insurance Code Article 21.49

Division 1.

Plan of Operation

§5.4009. 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 .

(a) To be eligible for catastrophe property insurance, structures located in the designated catastrophe areas specified in §5.4008 of this chapter (relating to 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) and which are constructed, repaired, or to which additions are made on and after February 1, 2003, and before January 1, 2005, shall comply with the 2000 International Residential Code or 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, and all of which are adopted by reference to be effective February 1, 2003. The codes are published by and available from the International Code Council, Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, (Telephone: 800-214-4321 [5203 Leesburg Pike, Suite 600, Falls Church, Virginia, 22041], and the Texas Revisions to the International Residential Code and the Texas Revisions to the International Building Code are available from the Windstorm Inspections Section of the Inspections Division, Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, MC 103-3A, Austin, Texas, 78714-9104 and on the Texas Department of Insurance website at www.tdi.state.tx.us. The following wind speed requirements shall apply:

(1) - (3) No change

(b) No change.

§5.4010. Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made On and After January 1, 2005 .

(a) To be eligible for catastrophe property insurance, structures located in the designated catastrophe areas specified in §5.4008 of this chapter (relating to 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) and which are constructed, repaired, or to which additions are made on and after January 1, 2005, shall comply with the 2003 Editions of the International Residential Code and the International Building Code, as each revised by the 2003 Texas Revisions, and all of which are adopted by reference to be effective January 1, 2005. The codes are published by and available from the International Code Council, Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, (Telephone: 800-214-4321, and the 2003 Texas Revisions to the 2003 Edition of the International Residential Code and the 2003 Texas Revisions to the 2003 Edition of the International Building Code are available from the Windstorm Inspections Section of the Inspections Division, Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, MC 103-3A, Austin, Texas, 78714-9104 and on the Texas Department of Insurance website at www.tdi.state.tx.us. The following wind speed requirements shall apply:

(1) Areas Seaward of the Intracoastal Canal. To be eligible for catastrophe property insurance, structures located in designated catastrophe areas which are seaward of the Intracoastal Canal and constructed, repaired, or to which additions are made on or after January 1, 2005 , shall be designed and constructed to resist a 3-second gust of 130 miles per hour.

(2) Areas Inland of the Intracoastal Canal and Within Approximately 25 Miles of the Texas Coastline and east of the Specified Boundary Line and Certain Areas in Harris County . To be eligible for catastrophe property insurance, structures located in designated catastrophe areas specified in subsections (b)(2)(A) and (b)(2)(B) of §5.4008 of this chapter and constructed, repaired, or to which additions are made on or after January 1, 2005, shall be designed and constructed to resist a 3-second gust of 120 miles per hour.

(3) Areas Inland and West of the Specified Boundary Line. To be eligible for catastrophe property insurance, structures located in designated catastrophe areas specified in subsection (c) of §5.4008 of this chapter and constructed, repaired, or to which additions are made on or after January 1, 2005, shall be designed and constructed to resist a 3-second gust of 110 miles per hour.

(b) Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a historic structure may be made without conformance to the requirements of subsection (a) of this section. In order for a historic structure to be exempted, at least one of the following conditions shall apply to the structure:

(1) The structure is listed or is eligible for listing on the National Register of Historic places.

(2) The structure is a Recorded Texas Historic Landmark (RTHL).

(3) The structure has been specifically designated by official action of a legally constituted municipal or county authority as having special historical or architectural significance, is at least 50 years old and is subject to the municipal or county requirements relative to construction, alteration, or repair of the structure, in order to maintain its historical designation.

Division 7.

Inspections for Windstorm and Hail Insurance

§5.4603. Forms for Windstorm Inspections.

(a) The Texas Department of Insurance adopts by reference the following forms for use in windstorm inspection:

(1) Application for Certificate of Compliance, Form WPI-1, effective January 1, 2005 [Application for Windstorm Building Inspection, Form WPI-1, as amended October 1, 1998];

(2) Inspection Verification, Form WPI-2-BC-1, effective January 1, 2005 [Building Inspection, Form WPI-2, effective February 1, 2003];

(3) Inspection Verification, Form WPI-2-BC-2, effective January 1, 2005 [Building Design, Form WPI-2D, as amended February 1, 2003];

(4) Inspection Verification, Form WPI-2-BC-3, effective January 1, 2005 [Field Form, Form WPI-7, as amended October 1, 1998];

(5) Inspection Verification, Form WPI-2-BC-4, effective January 1, 2005;

(6) Design Certification, Form WPI-2D, effective January 1, 2005;

(7) Field Form, Form WPI-7, effective January 1, 2005 ;

(8) [ (5) ] Certificate of Compliance, Form WPI-8, as amended October 1, 1998 ;

[ (6) Texas Department of Insurance Application Acknowledgment--No Fee Required, Form WPI-9, as amended October 1, 1998 ; ]

[ (7) Texas Department of Insurance Application Acknowledgment for Engineered Structure--No Fee Required, Form WPI-9E, effective October 1, 1998 ; ]

[ (8) Texas Department of Insurance Application Acknowledgment--Fee Required, Form WPI-9F, effective October 1, 1998 . ]

[ (9) Building Construction Compliance, Form WPI-2A, effective February 1, 2003 . ]

(b) These forms are published by and available from the Texas Department of Insurance. Copies of these forms may be obtained from the Windstorm Inspections Section of the Inspections Division, Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104 , MC 103-3A, Austin , Texas 78714-9104 and on the Texas Department of Insurance website at www.tdi.state.tx.us .

Division 9.

Windstorm Building Code Advisory Committee on

Specifications and Maintenance

§5.4800. Form Promulgated for Use in Proposing a Change to Windstorm Building Requirements or Procedures in the Texas Windstorm Insurance Association Plan of Operation [ Code Specifications ]. The Commissioner of Insurance adopts by reference a standard form promulgated for use by a person or organization in presenting a proposal for change in building requirements or procedures in the Texas Windstorm Insurance Association plan of operation [ the Building Code for Windstorm Resistant Construction or the Windstorm Resistant Construction Guide ] for consideration by the Windstorm Building Code Advisory Committee on Specifications and Maintenance and presentation of such proposed change to the Commissioner for acceptance or rejection. Specimen copies of this form are available from the Inspections Division of the Texas Department of Insurance, 333 Guadalupe Street, P.O. Box 149104 , MC 103-3A [ 103-1A ], Austin , Texas 78714-9104 and on the Texas Department of Insurance website at www.tdi.state.tx.us . [They are also available from the Texas Windstorm Insurance Association, P.O. Box 2930, Austin, Texas 78767.] The form is more specifically identified as BCAC FORM NO. 100-99 , as amended January 1, 2005 --Proposed Change to Windstorm Building Requirements or Procedures in the Texas Windstorm Insurance Association Plan of Operation [Specifications Adopted By the Texas Department of Insurance].



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