CHAPTER 446. RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS AND OTHER AREAS NOT SUBJECT TO MUNICIPAL INSPECTIONS
PROPERTY CODE
TITLE 16. TEXAS RESIDENTIAL CONSTRUCTION COMMISSION ACT
SUBTITLE F. INSPECTION OF NEW RESIDENTIAL CONSTRUCTION
CHAPTER 446. RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS AND
OTHER AREAS NOT SUBJECT TO MUNICIPAL INSPECTIONS
Sec. 446.001. APPLICABILITY OF CHAPTER. This chapter applies to
residential construction described by Sections 401.003(a)(1),
(2), and (3) in an unincorporated area and to other areas not
subject to municipal inspections.
Added by Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 47, eff. September 1, 2007.
Sec. 446.002. INSPECTION REQUIRED. (a) A builder shall have a
new home or other improvement to which this chapter applies
inspected by a fee inspector.
(b) For new construction subject to this chapter, there shall be
a minimum of three inspections performed during the project to
ensure code compliance, as applicable, at the following stages of
construction:
(1) foundation, prior to the placement of concrete;
(2) framing and mechanical systems prior to being covered with
sheetrock or other interior wall covering; and
(3) final inspection when the home is completed.
(c) For improvements other than new construction, the
inspections described in Subsection (b) shall occur as necessary
based upon the scope of work of the project.
(d) The builder shall be responsible for contracting with a fee
inspector authorized by this chapter to perform the inspections
required by this section.
(e) The commission may establish fees necessary to administer
this subtitle. Such fees may be included in the home
registration fee required by and described in Section 426.003(c).
Added by Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 47, eff. September 1, 2007.
Sec. 446.003. ELECTRONIC REPORTING SYSTEM. (a) The commission
shall establish an Internet-based process to implement this
subtitle. The process shall be password protected. Inspectors
will use the Internet-based process to report the satisfactory
completion of the inspections required by Section 446.002 to the
commission. Upon reporting of satisfactory completion of the
inspections, the commission shall issue a certificate of
completion which shall be forwarded to the homeowner within 30
days following the registration of a home, as required by Section
426.003.
(b) The commission shall allow for an alternative reporting
system for persons who demonstrate to the commission an inability
to comply with the electronic reporting requirements of
Subsection (a).
Added by Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 47, eff. September 1, 2007.
Sec. 446.004. FEE INSPECTOR. A fee inspector must be either a
licensed engineer, a registered architect, a professional
inspector licensed by the Texas Real Estate Commission, or a
third-party inspector qualified under Section 427.001(b). A
builder may use the same or a different fee inspector for
inspections required under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 47, eff. September 1, 2007.
Sec. 446.005. ELEMENTS OF INSPECTION. The commission by rule
shall:
(1) establish the elements of the construction that must be
inspected under this chapter in accordance with Section 446.002
to ensure compliance with the applicable code provisions as
required by Section 430.001(d); and
(2) prescribe the form and the manner in which the results of
the inspection will be reported in writing.
Added by Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 47, eff. September 1, 2007.
Sec. 446.006. CONSTRUCTION IN CERTAIN AREAS: ELIGIBILITY FOR
CERTAIN WINDSTORM AND HAIL INSURANCE. (a) This section applies
only to construction in an unincorporated area in which windstorm
and hail insurance coverage is available under Chapter 2210,
Insurance Code.
(b) In addition to an inspection required pursuant to Section
446.002, the builder must, if required by statute, obtain a
certificate of compliance for the structure in the manner
provided under Section 2210.251, Insurance Code.
Added by Acts 2007, 80th Leg., R.S., Ch.
843, Sec. 47, eff. September 1, 2007.