Codes & Standards

Construction in virtually all jurisdictions is regulated by building codes for the purpose of providing minimum standards of health and safety for the public. Model building code organizations develop and maintain model building codes for use by state and local jurisdictions. A model building code is not enforceable until it is adopted by a state or local jurisdiction, with or without amendments, and it becomes law.  Homebuilders support code amendments to account for jurisdictional differences or to enhance housing affordability by providing cost-effective requirements to provide for the health and safety of the occupants of homes.

The TAB believes building codes and standards should assure the safety and health of building occupants using the most cost effective requirements and guidelines and that a single national model building code should be maintained in a fair and open process that provides for appropriate voting representation by home builders and other interested parties.

Topics/Resources

HB 2833 – Building Codes in the Unincorporated Areas of the County
In late May, as the 81st Texas Legislative was drawing to a close, it was announced that the State of Texas would dissolve the Texas Residential Construction Commission (TRCC).  Since the TRCC is the authority that governs third party code inspections for areas outside city limits, Texas legislators sought TAB input on how to maintain building standards and appropriate code compliance in these areas.

TAB directed legislators to House Bill 2833.  HB 2833 was a bill originally filed by freshman legislator Marissa Marquez (District 77– El Paso) to prevent the proliferation of colonias.  Colonias are residential neighborhoods along the U.S.-Mexico border region and in other impoverished unincorporated areas of the state and are characterized by poor housing stock and inadequate physical infrastructure. The bill’s original intent was to give counties the authority to regulate housing densities, the size of buildings, the location of buildings and the ability to adopt and enforce building codes.  As HB 2833 began to wind its way through the legislative process the original intent was altered several times as TAB worked with all parties to address Rep. Marquez’s concerns while protecting the home building industry from unreasonable regulations.

As finally passed, HB 2833 allows counties to require building code compliance in unincorporated portions of the county. A county must first pass a resolution for HB 2833 provisions to apply. The counties can begin adopting code compliance requirements after September 1, 2009.   If they do not enact any requirements then no code is required by Texas law.  However it should be noted that builders that do not build to code could be subject to increased scrutiny should any construction defect claims be made in the future.

When a county opts to enact code compliance requirements, new residential construction and certain additions must be built to either the 2006 International Residential Code (IRC) or the version of the IRC as amended in the county seat of that county.  Builders will then be required to get three inspections for new residential construction. The three inspections that must be performed during the construction project to ensure code compliance are:

Builders would be responsible for obtaining the required inspections by contracting with a licensed engineer, a registered architect, a professional inspector licensed by the Texas Real Estate Commission, a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Examiners, a building inspector employed by a political subdivision, or an individual certified as a residential combination inspector by the International Code Council.  A builder may use the same inspector for all the required inspections or a different inspector for each required inspection.

In addition to code compliance requirements that a county may implement, the county may also require that a builder provide notice to the county prior to beginning new construction. The notice requirements can include where the project is being built, the approximate date construction will commence and the version of the IRC the builder chooses to use.

If a builder is in violation of any notification provisions enacted by a county, the county may obtain appropriate injunctive relief to prevent a violation or refer the builder for prosecution (a Class C misdemeanor).  New residential construction built by an individual who is not a general contractor or builder and who intends to use the residence as the individual's primary residence is exempt from the requirements if and when enacted by a county.

HB2833 Fact Sheet, click here.

The EPA has posted its proposed changes to the 2011 ENERGY STAR for Homes Program.
The changes are a result of the input it received from the first round of the public review and comment process.  EPA has opened a second round of public review and comment process through December 16, 2009.  To view the proposed revisions, revised quality checklists, EPA's response to the first round of comments, register for an online seminar about the changes or access an online form to submit your comments on the proposed revisions go to http://www.energystar.gov/index.cfm?c=bldrs_lenders_raters.nh_2011_comments

The EPA plans to have the final ENERGY STAR 2011 guidelines posted by the first quarter of 2010.

The ENERGY STAR 2011 guidelines will go into effect on January 1, 2011.

Links

Code books and resources – www.builderbooks.com
Energy Codes – www.energycodes.gov
International Codes Council – www.iccsafe.org