Texas Department of Licensing and Regulation

Industrialized Housing and Buildings
Summary of Building Code Council Meeting October 22, 2003

The Texas Industrialized Building Code Council held its forty-second meeting in the conference room on the 4th floor of the E.O. Thompson Building on Wednesday, October 22, 2003. Vice Chairman Martin Garza presided over a quorum of seven members.

Adoption of 2003 International Codes and 2002 National Electrical Code – The Council directed the Department to proceed with the adoption of the 2003 International Codes and 2002 National Electrical Code with an effective date of July 1, 2004. The effective date was changed from the May 3, 2004 date proposed in the September 12, 2003 Texas Register to assure that energy code software used to show compliance with the 2003 International Energy Conservation Code was updated to the 2003 code edition prior to adoption of this code.

Continuing education – The Council directed the Department to proceed with the adoption of the rule changes concerning continuing education requirements for design review agencies and third party inspectors approved by the Council at their meeting of June 30, 2003. The rule changes were proposed in the September 12, 2004 Texas Register.

Discussion and recommendations concerning revisions to IHB rules and procedures – The Department invited the public to comment on the proposed changes to the rules and site inspection procedures. Changes to the rules are being proposed due to revisions to the IHB statute enacted by the 78th Legislature in Senate Bill (SB) 279 and enacted by the 78th 3rd Called Legislative Session 2003 in House Bill (HB) 24.

  • Rule § 70.10: definition of “Alteration,” “Alteration decal,” and “Commercial structure” – No comments were received.
  • Rule § 70.73, Building Site Inspections, and revised “Site Inspection Program” (site inspection procedures) – Concern was expressed over whether industry and the Department can keep up with the inspection requirements proposed for industrialized buildings installed on temporary foundations. The department was asked if the Council has any latitude to broaden the proposed exemptions for site inspection requirements. Jeff Hill, Assistant General Counsel for TDLR indicated that the Council has some latitude, but should keep in mind the intent of the legislature as expressed in HB 24 regarding buildings installed on temporary foundations. A question was raised if there would be a substantial number of buildings installed on temporary foundations affected by the changes to the site inspection requirements. Industry representatives indicated that there may be a substantial number affected, but it is hard to tell for sure at this time. Other comments concerning the 3 phases of construction on site indicated that the procedures do not clearly define what is meant by “foundation and site preparation.” The inspection phase should be modified to read “foundation” as site preparation could mean construction performed on site that has nothing to do with the foundation.
  • Rule § 70.74, Alterations, and Alteration Procedures – No comments were received.

Alteration procedures (recertification of buildings) – The Council directed the Department to proceed with the proposal in the Texas Register of the changes to rule §'s 70.10 and 70.74 concerning alterations of industrialized housing and buildings. The Department is to proceed with the adoption of these rule changes if there are no substantive comments received on the proposal. Substantive comments shall be brought back to the Council for review prior to adoption of the proposal. The Council approved the alteration procedures pending adoption of rule §'s 70.10 and 70.74 concerning alterations of industrialized housing and buildings. The Council also approved the suggested modifications to the alteration decal and the recommended flat fee of $50 per decal.

Inspections – The Council approved the recommended revisions to the Site Inspection Program (site inspection procedures), with one change, pending adoption of the revisions to rule § 70.73. Section (c) (1) under “Housing and Buildings Installed outside the Jurisdiction of a Municipality” is to be changed from “Foundation and site preparation” to “Foundation.” Substantive comments to the proposed rule shall be brought back to the Council for review and possible changes to the procedures.

Department Update – Donna L. Lipke, Manager Industrialized Housing and Buildings, updated the Council on the status of the IHB program.

Recommendations for agenda items for the next meeting – The Council directed the Department to include the expansion of the alteration procedures as outlined previously on the agenda for the next meeting.

Selection of date for next meeting – The Council directed the Department to determine possible dates in February or March 2003 for the next meeting and contact the members with those dates. The next meeting date will be determined based on the availability of the greatest number of members for any given date.

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