TITLE 16. ECONOMIC REGULATION

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION

CHAPTER 55. RULES FOR ADMINISTRATIVE SERVICES

The Texas Commission of Licensing and Regulation (Commission) adopts amendments at 16 Texas Administrative Code (TAC), Chapter 55, Subchapter A, §55.1 and §55.10; and adopts new rules Subchapter F, §55.100 and §55.101, regarding the Rules for Administrative Services, without changes to the proposed text as published in the November 4, 2016, issue of the Texas Register (41 TexReg 8705). The rules will not be republished.

The Texas Legislature enacted Senate Bill 20 (S.B. 20), 84th Legislature, Regular Session (2015), which made comprehensive changes to state agency contracting, purchasing, and accounting procedures. In addition, Chapter 2261 of the Texas Government Code requires certain state agencies to establish and adopt by rule a policy that clearly defines the contract monitoring roles and responsibilities, if any, of internal staff and other inspection, investigative, or audit staff. The adopted amendments and new rules are necessary to implement S.B. 20 and bring the Texas Department of Licensing and Regulation (Department) into compliance with Texas Government Code, Chapter 2261.

The adopted amendment to §55.1 adds Texas Government Code, Chapters 2156, 2161, 2260, and 2261 as statutory authority for the rule chapter.

The adopted amendments to §55.10 add definitions for the Department's "Financial Services Division" and "Financial Services Division Director."

The adopted new §55.100 will bring the Department into compliance with §2261.202 of the Government Code, which requires state agencies that make procurements under Chapter 2261 to "establish and adopt by rule a policy that clearly defines the contract monitoring roles and responsibilities, if any, of internal audit staff and other inspection, investigative, or audit staff."

The adopted new §55.101 will bring the Department into compliance with §2261.253(c) of the Government Code, which requires state agencies to adopt procedures to identify contracts requiring enhanced monitoring, report information on those contracts to the agency's governing body, and provide a mechanism for reporting of serious risk to the agency's governing body.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the November 4, 2016, issue of the Texas Register (41 TexReg 8705). The deadline for public comments was December 5, 2016. The Department received three comments on the proposed rules during the 30-day public comment period.

Comment--One commenter inquired about how the proposed rules would affect Barber and Cosmetology schools.

Department Response--The proposed rules affect the duties of the Department's financial services division and should not directly impact the Barber or Cosmetology program or any other Department-administered program. The Department did not make any changes to the proposed rules based on this comment.

Comment--One commenter inquired about if the proposed rules applied to assisted living facilities and requested additional information.

Department Response--The Department does not have the statutory authority to regulate assisted living facilities; therefore this comment is outside the scope of the proposed rules. The Department did not make any changes to the proposed rules based on this comment.

Comment--One commenter expressed concerns over the difficulty of the Barber test and the lack of formal primary education for some test takers.

Department Response--This comment is outside the scope of the proposed rules. The Department did not make any changes to the proposed rules based on this comment.

At its meeting on January 27, 2017, the Commission adopted the proposed rules without changes.

SUBCHAPTER A. GENERAL PROVISIONS

16 TAC §55.1, §55.10

The amendments are adopted under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. In addition, the amendments are adopted under Texas Government Code, Chapter 2156, which requires state agencies making purchases to adopt the Texas Comptroller of Public Accounts rules related to bid opening and tabulation; Texas Government Code, Chapter 2161, which requires a state agency to adopt the Texas Comptroller of Public Accounts' rules as the agency's own rules for construction projects and purchases of goods and services; Texas Government Code, Chapter 2260, which requires each state agency to develop rules to address contract disputes with vendors and to resolve those disputes through negotiation and/or mediation; and Texas Government Code, Chapter 2261, which sets forth statewide standards for contracting and oversight of agency contracts.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51. In addition, the following statutes may be affected: Texas Agriculture Code, Chapters 301 and 302 (Weather Modification and Control); Texas Education Code, Chapter 1001 (Driver Education and Safety); Texas Health and Safety Code, Chapters 754 (Elevators, Escalators, and Related Equipment) and 755 (Boilers); Texas Government Code, Chapter 469 (Elimination of Architectural Barriers); Texas Labor Code, Chapters 91 (Professional Employer Organizations) and 92 (Temporary Common Worker Employers); and Texas Occupations Code Chapters 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Licensed Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 605 (Orthotists and Prosthetists); and 701 (Dietitians); 802 (Dog or Cat Breeders); 953 (For-Profit Legal Service Contract Companies); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1601 (Barbers); 1602 (Cosmetologists); 1603 (Regulation of Barbering and Cosmetology); 1703 (Polygraph Examiners); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2306 (Vehicle Protection Product Warrantors); 2308 (Vehicle Towing and Booting); and 2309 (Used Automotive Parts Recyclers). No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 6, 2017.

TRD-201700486

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: November 4, 2016

For further information, please call: (512) 463-8179


SUBCHAPTER F. CONTRACT MONITORING

16 TAC §55.100, §55.101

The new rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. In addition, the new rules are adopted under Texas Government Code, Chapter 2156, which requires state agencies making purchases to adopt the Texas Comptroller of Public Accounts rules related to bid opening and tabulation; Texas Government Code, Chapter 2161, which requires a state agency to adopt the Texas Comptroller of Public Accounts' rules as the agency's own rules for construction projects and purchases of goods and services; Texas Government Code, Chapter 2260, which requires each state agency to develop rules to address contract disputes with vendors and to resolve those disputes through negotiation and/or mediation; and Texas Government Code, Chapter 2261, which sets forth statewide standards for contracting and oversight of agency contracts.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapter 51. In addition, the following statutes may be affected: Texas Agriculture Code, Chapters 301 and 302 (Weather Modification and Control); Texas Education Code, Chapter 1001 (Driver Education and Safety); Texas Health and Safety Code, Chapters 754 (Elevators, Escalators, and Related Equipment) and 755 (Boilers); Texas Government Code, Chapter 469 (Elimination of Architectural Barriers); Texas Labor Code, Chapters 91 (Professional Employer Organizations) and 92 (Temporary Common Worker Employers); and Texas Occupations Code Chapters 203 (Midwives); 401 (Speech-Language Pathologists and Audiologists); 402 (Hearing Instrument Fitters and Dispensers); 403 (Licensed Dyslexia Practitioners and Therapists); 451 (Athletic Trainers); 605 (Orthotists and Prosthetists); and 701 (Dietitians); 802 (Dog or Cat Breeders); 953 (For-Profit Legal Service Contract Companies); 1151 (Property Tax Professionals); 1152 (Property Tax Consultants); 1202 (Industrialized Housing and Buildings); 1302 (Air Conditioning and Refrigeration Contractors); 1304 (Service Contract Providers and Administrators); 1305 (Electricians); 1601 (Barbers); 1602 (Cosmetologists); 1603 (Regulation of Barbering and Cosmetology); 1703 (Polygraph Examiners); 1802 (Auctioneers); 1901 (Water Well Drillers); 1902 (Water Well Pump Installers); 2052 (Combative Sports); 2303 (Vehicle Storage Facilities); 2306 (Vehicle Protection Product Warrantors); 2308 (Vehicle Towing and Booting); and 2309 (Used Automotive Parts Recyclers). No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 6, 2017.

TRD-201700487

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: March 1, 2017

Proposal publication date: November 4, 2016

For further information, please call: (512) 463-8179


CHAPTER 70. INDUSTRIALIZED HOUSING AND BUILDINGS

The Texas Commission of Licensing and Regulation (Commission) adopts the repeal of current rules at 16 Texas Administrative Code (TAC), Chapter 70, §70.100 and §70.101; and new rules at 16 TAC, Chapter 70, §70.100, regarding the Industrialized Housing and Buildings program, without changes to the proposed text as published in the November 18, 2016, issue of the Texas Register (41 TexReg 9074). The rules will not be republished.

The Commission also adopts new rules at 16 TAC, Chapter 70, §70.101 with changes to the proposed text as published in the November 18, 2016, issue of the Texas Register (41 TexReg 9074). The rules will be republished.

Texas Occupations Code §1202.152 requires the Industrialized Building Code Council (Council) to adopt later editions of the codes adopted by the statute if the Council determines that the use of these later code editions is in the public interest and consistent with the purposes of Texas Occupations Code, Chapter 1202. The adopted repeal and new rules are necessary to adopt recent editions of the mandatory building codes in the Industrialized Housing and Buildings program and to make necessary amendments to the respective Codes.

The following codes as amended serve as the standards for design, manufacture and installation of Industrialized Housing and Buildings: the 2015 editions of the International Building Code, International Residential Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Energy Conservation Code, and International Existing Building Code, and the 2014 edition of the National Electrical Code.

The adopted new §70.100 sets forth that, effective August 1, 2017, all industrialized housing and buildings, modules, and modular components shall be constructed in accordance with codes referenced in each respective subsection (c) through (j). The proposed repeal of current §70.100 is replaced with the new §70.100.

The adopted new subsections under §70.101(c) through (j), Amendments to Mandatory Building Codes, specify in detail the proposed amendments to the international and national codes as adopted in §70.100. The proposed repeal of current §70.101 is replaced with the new §70.101.

The adopted new §70.101(a) requires the council to consider and review approved and recommended ICC amendments to the code, to determine the interest to the public, and that said amendments shall be effective 180 days following the date of the Council's determination or at a later date as set by the Council.

The adopted new §70.101(b) specifies that any amendment proposed by a local building official and determined by the Council to be essential to the health and safety of the public following a public hearing, shall become effective 180 days following the date of the Council's determination or at a later date as set by the Council.

The adopted new §70.101(c) provides amendments to several sections within the 2015 International Building Code, which updates the standards for design and construction of industrialized housing and buildings in Texas.

The adopted new §70.101(d) provides the amendments to several sections within the 2015 International Residential Code, which update the standards for one- and two-family industrialized housing in Texas.

The adopted new §70.101(e) provides the amendments to several sections within the 2015 International Fuel Gas Code, which update the fuel gas standards for industrialized housing and buildings in Texas.

The adopted new §70.101(f) provides the amendments to several sections within the 2015 International Mechanical Code, which update the mechanical standards for industrialized housing and buildings in Texas.

The adopted new §70.101(g) provides the amendments to several sections within the 2015 International Plumbing Code, which update the plumbing standards for industrialized housing and buildings in Texas.

The adopted new §70.101(h) provides the amendments to several sections within the 2015 International Energy Conservation Code, which update the energy conservation standards for industrialized housing and buildings in Texas.

The adopted new §70.101(i) provides the amendments to several sections within the 2015 International Existing Building Code, which update the standards for existing industrialized housing and buildings in Texas.

The adopted new §70.101(j) provides an amendment to the 2014 National Electrical Code, which updates the electrical standards for industrialized housing and buildings in Texas.

The Department drafted and distributed the proposed rules to persons internal and external to the agency. The proposed rules were published in the November 18, 2016, issue of the Texas Register (41 TexReg 9074). The Department received one public comment on the proposed rules during the 30-day public comment period.

Comment--The commenter stated all persons who wish to do business should be registered, especially those who hand out fliers and cards in their neighborhood.

Department Response--The Department registers and licenses a number of types of participants in the Industrialized Housing and Buildings industry in its regulatory role, and investigates reports of unlicensed or unregistered activity. Licensees and registrants are subject to state and local requirements related to soliciting business and to advertising, and the Department is authorized to regulate false, misleading, or deceptive practices. However, the proposed rule changes are limited to the adoption of amendments to mandatory building codes. No change was made to the rules in response to this comment.

The Department's Industrialized Housing and Building Code Council met on August 22, 2016, to consider a draft of these rules. The Council recommended proposing the rules in the Texas Register for public comment, and anticipates that the rules will become effective on August 1, 2017. The Council did not find it necessary to meet again to review the comment. At its meeting on January 27, 2017, the Commission adopted the proposed rules with changes.

16 TAC §70.100, §70.101

The repeal is adopted under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. In addition, the new rules are adopted under Texas Occupations Code, Chapter 1202, which requires the Industrialized Building Code Council (Council) to adopt later editions of the codes adopted by the statute if the Council determines that the use of these later code editions is in the public interest and is consistent with the purposes of the Texas Occupations Code, Chapter 1202.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1202. No other statutes, articles, or codes are affected by the adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 3, 2017.

TRD-201700470

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: August 1, 2017

Proposal publication date: November 18, 2016

For further information, please call: (512) 463-8614


16 TAC §70.100, §70.101

The new rules are adopted under Texas Occupations Code, Chapter 51, which authorizes the Commission, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department. In addition, the new rules are adopted under Texas Occupations Code, Chapter 1202, which requires the Industrialized Building Code Council (Council) to adopt later editions of the codes adopted by the statute if the Council determines that the use of these later code editions is in the public interest and is consistent with the purposes of the Texas Occupations Code, Chapter 1202.

The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51 and 1202. No other statutes, articles, or codes are affected by the adoption.

§70.101.Amendments to Mandatory Building Codes.

(a) The council shall consider and review all amendments to these codes which are approved and recommended by ICC, and if they are determined to be in the public interest, the amendments shall be effective 180 days following the date of the council's determination or at a later date as set by the council.

(b) Any amendment proposed by a local building official, and determined by the council following a public hearing to be essential to the health and safety of the public on a statewide basis, shall become effective 180 days following the date of the council's determination or at a later date as set by the council.

(c) The 2015 International Building Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Building Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(C) Amend Section 101.2.1 Appendices by adding the following: "Appendices C, F, and K shall be considered part of this code."

(D) Amend Section 101.4 Referenced codes to read as follows: "The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(E) Amend Section 101.4.7 Existing buildings to add the following sentence: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(F) Add new Section 101.4.8 Electrical to read as follows: "The provisions of Appendix K shall apply to the installation of electrical systems, including alterations, repairs, replacements, equipment, appliances, fixtures, fittings and appurtenances thereto. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted."

(G) Add new Section 101.4.9 Accessibility to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS). Wherever reference elsewhere in this code is made to ICC A117.1, the TAS of Texas Government Code, Chapter 469, Elimination of Architectural Barriers shall be substituted. Buildings subject to the requirements of the Texas Accessibility Standards are described in Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 68."

(2) Amend Section 104.1 General by adding the following: "The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings."

(3) Amend Section 107.1 General by adding the following: "Construction documents depicting the structural design of buildings to be located in hurricane prone regions shall be prepared and sealed by a Texas licensed professional engineer."

(4) Amend Section 111 Certificate of Occupancy as follows.

(A) Amend Section 111.1 Use and occupancy to read as follows: "A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the local building official has issued a certificate of occupancy in accordance with the locally adopted rules and regulations."

(B) Amend Section 111.2 Certificate issued to read as follows. "The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations. After the local building official inspects the industrialized house or building and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the local building official shall issue a record of final inspection authorizing the release of the house or building for occupancy."

(C) Delete Items 1 through 12 of Section 111.2.

(D) Amend Section 111.3 Temporary occupancy to read as follows: "The local building official may issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations."

(E) Add new Section 111.5 Industrialized housing and buildings installed outside the jurisdiction of a municipality or within a municipality without an inspection department to read as follows: "The installation of buildings installed outside the jurisdiction of a municipality or within a municipality without an inspection department shall comply with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, Administrative Rules Industrialized Housing and Buildings."

(5) Amend Section 311.3 Low-hazard storage, Group S-2 by adding the following to the list of uses that are covered by this occupancy group: "Equipment shelters or equipment buildings."

(6) Amend Chapter 11 Accessibility as follows.

(A) Amend Section 1101.2 Design to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS)"

(B) Delete Section 1102 through Section 1111.

(7) Amend Chapter 35 Referenced Standards as follows.

(A) Delete the following standard: "ICC A117.1-09, Accessible and Usable Buildings and Facilities."

(B) Add TDLR, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 as a promulgating agency; add 2012 TAS, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68 as the referenced standard; and add code sections 202, 907.5.2.3.3, 1009.8.2, 1009.9, 1009.11, 1010.1.9.7, 1012.1, 1012.6.5, 1012.10, 1013.4, 1023.9, and 1101.2 as the referenced code sections.

(C) Add code section 101.4.8 as a referenced code section for NFPA Standard 70-14, National Electrical Code.

(8) Amend Section K111.1 Adoption to read as follows: "Electrical systems and equipment shall be designed, constructed and installed in accordance with NFPA 70 except as otherwise provided in this code."

(d) The 2015 International Residential Code shall be amended as follows.

(1) Amend Section R101 General as follows.

(A) Amend Section R101.1 Title to read as follows: "These regulations shall be known as the Residential Code for One- and Two-family Dwellings of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section R101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section R102 Applicability as follows.

(A) Amend Section R102.4 Referenced codes and standards to read as follows: "The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each reference and as further regulated in Sections R102.4.1 through R102.4.4. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(B) Add new Section R102.4.3 Electrical code to read as follows: "The provisions of the National Electrical Code, NFPA 70, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. Any reference to chapters 34 through 43 of this code shall mean the Electrical Code as adopted."

(C) Add new Section R102.4.4 TDI Code- Wind design to read as follows: "The wind design of buildings to be placed in the first tier counties along the Texas coast and designated catastrophe areas as defined by the Texas Department of Insurance (TDI) shall also comply with the current effective code and amendments adopted by the TDI, hereafter referred to as the TDI Code. Where conflicts occur between the provisions of this code and the TDI Code as they relate to the requirements for wind design, the more stringent requirements shall apply. Where conflicts occur between the provisions of this code and the editions of the codes specified by the Texas Department of Insurance as they relate to requirements other than wind design, this code shall apply."

(D) Amend Section R102.5 Appendices by adding the following: "Appendices G, H, K, P, S and U shall be considered part of this code."

(E) Add new Section R102.8 Moved industrialized housing to read as follows: "Moved industrialized housing shall comply with the requirements of the local building official for moved buildings."

(3) Amend Section R104.1 General by adding the following: "The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings."

(4) Amend Section R106.1 Submittal documents by adding the following: "Construction documents depicting the structural design of buildings to be located in hurricane prone regions and in the first tier counties along the Texas coast and designated catastrophe areas as defined by the Texas Department of Insurance (TDI) shall be prepared and sealed by a Texas licensed professional engineer."

(5) Amend Section R110 Certificate of Occupancy as follows.

(A) Amend Section R110.1 Use and occupancy by amending the first sentence to read as follows: "A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the local building official has issued a certificate of occupancy in accordance with locally adopted rules and regulations."

(B) Amend Section R110.2 Change in use to read as follows: "Changes in the character or use of new industrialized housing are not allowed. Changes in the character or use of existing industrialized housing shall not be made except as authorized by the local building official."

(C) Amend Section R110.3 Certificate issued to read as follows: "The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations. After the local building official inspects the industrialized house or building and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, then the local building official shall issue a record of final inspection authorizing the release of the house or building for occupancy."

(D) Delete Items 1 through 9 of Section R110.3.

(E) Amend Section R110.4 Temporary occupancy to read as follows: "The local building official may issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations."

(F) Add new Section R110.6 Industrialized housing installed outside the jurisdiction of a municipality or in a municipality without an inspection department to read as follows: "The installation of industrialized housing installed outside the jurisdiction of a municipality or within a municipality without an inspection department shall comply with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, Administrative Rules Industrialized Housing and Buildings."

(6) Amend Section R301.2 Climatic and geographic design criteria by adding the following sentence: "If no additional criteria have been established, or if there is no local jurisdiction to set the additional criteria, then the additional criteria shall be in accordance with the requirements in the footnotes of Table R301.2(1) and Sections R301.2.1 through R301.8 of this code."

(7) Amend Section R302.2 Townhouses, Item #2 by adding the following exception: "Exception: Two structurally independent one-hour fire-resistance-rated wall assemblies, tested in accordance with ASTM E 119 or UL 263 with exposure from both sides, may be substituted for a 2-hour fire-resistance-rated common wall assembly. The walls shall be constructed without plumbing or mechanical equipment, ducts or vents in the cavity of the walls. Penetrations of each wall for electrical outlet boxes shall be in accordance with Section R302.4."

(8) Amend Section R303.9 Required heating to read as follows: "Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68°F (20°C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in habitable rooms at the design temperature. The installation of one or more portable space heaters shall not be used to achieve compliance with this section."

(9) Amend Section R313 Automatic Fire Sprinkler Systems as follows.

(A) Amend Section R313.1 Townhouse automatic fire sprinkler systems to read as follows: "The common wall between townhouses shall be constructed in accordance with Section R302.2(2) if an automatic residential fire sprinkler system is not installed. The fire-rating of the common wall may be reduced in accordance with Section R302.2(1) if an automatic residential fire sprinkler system is installed in townhouses."

(B) Amend Section R313.2 One- and two-family dwelling automatic fire systems to read as follows: "One- and two-family dwelling automatic fire sprinkler systems. The construction, projections, openings and penetrations of exterior walls of one- and two-family dwellings and accessory buildings shall comply with Table R302.1(1) if an automatic residential fire sprinkler system is not installed. The construction, projections, openings and penetrations of the exterior walls of one- and two-family dwellings and their accessory uses may be constructed in accordance with the requirements of Table R302.1(2) if an automatic residential fire sprinkler system is installed in one- and two-family dwellings."

(10) Amend the second sentence of Section R902.1 Roofing covering materials to read as follows: "Class A, B or C roofing shall be installed.

(11) Amend Chapter 11 Energy Efficiency as follows.

(A) Replace N1101.2 Intent with N1101.2 Compliance to read as follows: "Compliance shall be demonstrated by meeting the requirements of the Residential Provisions of the International Energy Conservation Code."

(B) Delete Section N1101.3 through Section N1111.

(12) Delete Part VIII- Electrical, Chapters 34 through 43.

(13) Amend Chapter 44 Referenced Standards as follows.

(A) Delete code sections N1101.5 and N1101.13 as referenced code sections for IECC-15, International Energy Conservation Code.

(B) Add code section R102.3 and delete code sections E3401.1, E3401.2, E4301.1, Table E4303.2, E4304.3, and E4304.4 as referenced code sections for NFPA 70-14, National Electrical Code.

(C) Add TDI, Texas Department of Insurance, Windstorm Inspections Program, 333 Guadalupe Street, Austin, Texas 78701 as a promulgating agency, add TDI Code, Building Codes adopted by TDI for the Windstorm Inspection Program, as the referenced standard, and add code sections R102.4.4 and R106.1 as the referenced code sections.

(14) Amend Section U101.1 General to read as follows: "These provisions shall be applicable for new construction where solar-ready provisions are provided."

(e) The 2015 International Fuel Gas Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Fuel Gas Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section 102 Applicability as follows.

(A) Amend Section 102.4 Additions, alterations or repairs by replacing the first sentence with the following: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(B) Amend Section 102.5 Change in occupancy by adding the following to the beginning of the section: "The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(C) Amend Section 102.7 Moved buildings by replacing the first sentence with the following: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(D) Amend Section 102.8 Referenced codes and standards by adding the following: "Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(3) Amend Chapter 8 Referenced Standards by adding ICC Standard IEBC-15, International Existing Building Code, referenced in code sections 102.4 and 102.5.

(f) The 2015 International Mechanical Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Mechanical Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section 102 Applicability as follows.

(A) Amend Section 102.4 Additions, alterations or repairs by replacing the first sentence with the following: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(B) Amend Section 102.5 Change in occupancy by replacing the first sentence with the following: "The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(C) Amend Section 102.7 Moved buildings by replacing the first sentence with the following: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(D) Amend Section 102.8 Referenced codes and standards by adding the following: "Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(3) Amend Chapter 15 Referenced Standards by adding ICC Standard IEBC-15, International Existing Building Code, referenced in code sections 102.4 and 102.5.

(g) The 2015 International Plumbing Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Plumbing Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section 102 Applicability as follows.

(A) Amend Section 102.4 Additions, alterations or repairs by replacing the first sentence with the following: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(B) Amend Section 102.5 Change in occupancy by adding the following to the beginning of the section: "The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(C) Amend Section 102.7 Moved buildings to add the following sentence: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(D) Amend Section 102.8 Referenced codes and standards by adding the following: "Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(3) Amend Section 403 Minimum Plumbing Facilities as follows.

(A) Add new Section 403.5 Industrialized housing and buildings exceptions to read as follows: "Plumbing fixtures for industrialized buildings shall be provided as required by Table 403.1 except as allowed in Sections 403.5.1, 403.5.2 and 403.5.3."

(B) Add new Section 403.5.1 Buildings that are not normally occupied to read as follows: "Buildings, such as equipment or communication shelters, that are not normally occupied or that are only occupied to service equipment, shall not be required to provide plumbing facilities. EXCEPTION: Buildings that are not normally occupied that are also classified as a Group H occupancy must be provided with plumbing facilities required for this type of occupancy such as requirements for emergency showers and eyewash stations."

(C) Add new Section 403.5.2 Other industrialized buildings to read as follows: "All other industrialized buildings shall contain the minimum plumbing fixtures required in accordance with Table 403.1 unless the building is a non-site specific building and the plans and the data plate contain a special condition/limitation note that the minimum number of required fixtures shall be provided in another building located on the installation site with a path of travel that does not exceed a distance of 500 feet. The plumbing facilities must be accessible to the occupants of the industrialized building. Non-site specific buildings and special condition limitation notes shall be as defined in the 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program."

(D) Add new Section 403.5.3 Requirements for service sinks for industrialized buildings to read as follows: "Commercial industrialized buildings with areas of less than or equal to 1,800 square feet shall not be required to contain a service sink provided that the building contains a lavatory and water closet that can be substituted for the service sink. EXCEPTION: A building of less than 1,800 square feet in area without any plumbing facilities shall comply with section 403.5.2."

(4) Amend Chapter 13 Referenced Standards by adding ICC Standard IEBC-15, International Existing Building Code, referenced in code sections 102.4 and 102.5.

(h) The 2015 International Energy Conservation Code shall be amended as follows.

(1) Amend Section C101 Scope and General Requirements and R101 Scope and General Requirements as follows.

(A) Amend Section C101.1 Title and Section R101.1 Title to read as follows: "These regulations shall be known as the Energy Conservation Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section C101.2 Scope and R101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section C102 Alternate Materials - Method of Construction, Design or Insulating Systems and R102 Alternate Materials, Design and Methods of Construction and Equipment as follows.

(A) Add new Section C102.1.2 Compliance software tools to read as follows: "The following software tools may be used to demonstrate energy code compliance for commercial buildings. The mandatory requirements of this code apply regardless of the software program that is used to demonstrate compliance. 1. The PLLN/DOE software programs COMcheck. 2. Software programs approved by the State Energy Conservation Office. 3. Other software programs if approved by the executive director or the Council."

(B) Add new Section R102.1.2 Compliance software tools to read as follows: "The following software tools may be used to demonstrate energy code compliance for commercial buildings. The mandatory requirements of this code apply regardless of the software program that is used to demonstrate compliance. 1. The PLLN/DOE software programs REScheck. 2. The Texas Energy Systems Laboratory International Code Compliance Calculator, IC3. 3. Software programs approved by the State Energy Conservation Office. 4. Other software programs if approved by the executive director or the Council."

(3) Amend Section C106.1 Referenced codes and standards and Section R106.1 Referenced Codes and Standards by adding the following: "Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(4) Add new Section C401.2.2 Buildings for state agencies and institutions of higher education to read as follows: "Buildings for state agencies and institutions of higher education shall comply with the energy standard adopted pursuant to Texas Government Code, §447.004 by the State Energy Conservation Office (SECO), and implementation through 34 Texas Administrative Code, Chapter 19, Subchapter C, Energy Conservation Design Standards."

(5) Add new Section C501.7 Moved buildings to add the following sentence: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(6) Amend Chapter C6 Referenced Standards and Chapter R6 Referenced Standards as follows.

(A) Add to Chapter C6 PNNL/DOE, Pacific Northwest National Laboratory/Department of Energy Conservation, https://www.energycodes.gov/software-and-webtools, as a promulgating agency, COMcheck Version 4.0.5.2 or later, Commercial Energy Compliance Software as the referenced standard, and section C102.1.2 as the referenced code section.

(B) Add to Chapter R6 PNNL/DOE, Pacific Northwest National Laboratory/Department of Energy Conservation, https://www.energycodes.gov/software-and-webtools, as a promulgating agency, REScheck Version 4.6.3 or later, Residential Energy Compliance Software as the referenced standard, and section R102.1.2 as the referenced code section.

(C) Add to Chapter R6 the Texas Energy Systems Laboratory, 402 Harvey Mitchell Parkway South, College Station, Texas 77845-3581, as a promulgating agency, IC3, v 3.10 or later, International Code Compliance Calculator as the referenced standard, and section R102.1.2 as the referenced code section.

(i) The 2015 International Existing Building Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Existing Building Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section 102 Applicability as follows.

(A) Amend Section 102.4 Referenced codes and standards to read as follows: "The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 through 102.4.3. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(B) Add new Section 102.4.3 Accessibility for existing buildings to read as follows: "Wherever reference elsewhere in this code is made to sections in Chapter 11 of the International Building Code or ICC A117.1, the Texas Accessibility Standards (TAS) of Texas Government Code, Chapter 469, Elimination of Architectural Barriers shall be substituted."

(3) Amend the first sentence of Section 1401.2 Applicability to read as follows: "Structures existing prior to August 1, 2017, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 5 through 13."

(4) Amend Chapter 15 Referenced Standards as follows.

(A) Delete the following standard: "ICC A117.1-09, Accessible and Usable Buildings and Facilities."

(B) Add TDLR, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 as a promulgating agency; add 2012 TAS, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68 as the referenced standard; and add code sections 102.4, 410.8.2, 410.8.3, 410.8.10, 705.1.2, and 705.1.3 as the referenced code sections.

(j) The 2014 National Electrical Code shall be amended to add the following to Article 310.1 Scope: "Aluminum and copper-clad aluminum shall not be used for branch circuits in buildings classified as a residential occupancy. Aluminum and copper-clad aluminum conductors, of size number 4 AWG or larger, may be used in branch circuits in buildings classified as occupancies other than residential."

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 3, 2017.

TRD-201700471

Brian E. Francis

Executive Director

Texas Department of Licensing and Regulation

Effective date: August 1, 2017

Proposal publication date: November 18, 2016

For further information, please call: (512) 463-8614