86R5557 MP-F
By: Dominguez H.B. No. 4080
A BILL TO BE ENTITLED
AN ACT
relating to the applicability and enforcement of building and fire
codes in the unincorporated areas of a county; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 233.061(a), Local Government Code, is
amended to read as follows:
(a) The commissioners court of a county [with a population
of over 250,000 or a county adjacent to a county with a population
of over 250,000] may adopt a fire code and rules necessary to
administer and enforce the fire code.
SECTION 2. Sections 233.062(a) and (c), Local Government
Code, are amended to read as follows:
(a) The fire code applies only to the following buildings
constructed in an unincorporated area of the county:
(1) a commercial establishment;
(2) a public building; and
(3) a single or multifamily residential dwelling
[consisting of four or more units].
(c) Except as provided by Subsection (d), the [The] fire
code must:
(1) conform to:
(A) the International Fire Code, as published by
the International Code Council, as the code existed on May 1, 2015
[2005]; or
(B) the Uniform Fire Code, as published by the
National Fire Protection Association, as the code existed on May 1,
2015 [2005]; or
(2) establish protective measures that exceed the
standards of the codes described by Subdivision (1).
SECTION 3. Section 233.064(b), Local Government Code, is
amended to read as follows:
(b) The commissioners court may provide that a county
employee, [or] an employee of another governmental entity under
intergovernmental contract, or an approved third-party inspector
may perform the inspection.
SECTION 4. The heading to Subchapter F, Chapter 233, Local
Government Code, is amended to read as follows:
SUBCHAPTER F. [RESIDENTIAL] BUILDING CODE STANDARDS APPLICABLE TO
UNINCORPORATED AREAS OF CERTAIN COUNTIES
SECTION 5. Section 233.151, Local Government Code, is
amended to read as follows:
Sec. 233.151. DEFINITIONS. (a) In this subchapter:
(1) "New commercial construction" includes:
(A) commercial construction of a building on a
vacant lot; and
(B) construction of an addition to or a
renovation of an existing commercial building, if the addition or
renovation will increase the square footage or value of the
existing building by more than 50 percent.
(2) "New construction" means new commercial
construction and new residential construction.
(3) "New [, "new] residential construction" includes:
(A) [(1)] residential construction of a
single-family house, a [or] duplex, or a multifamily building not
more than three stories high on a vacant lot; and
(B) [(2)] construction of an addition to or a
renovation of an existing single-family house, a [or] duplex, or a
multifamily building not more than three stories high, if the
addition or renovation will increase the square footage or value of
the existing residential building by more than 50 percent.
(b) The term "new residential construction" does not
include a structure that is constructed in accordance with Chapter
1201, Occupations Code, or a modular home constructed in accordance
with Chapter 1202, Occupations Code.
SECTION 6. Section 233.153, Local Government Code, is
amended by amending Subsections (a), (b), (d), and (f) and adding
Subsections (b-1) and (g) to read as follows:
(a) Except as provided by Subsection (b-1), new [New]
residential construction [of a single-family house or duplex] in
the unincorporated area of a county to which this subchapter
applies shall conform to the version of the International
Residential Code published as of May 1, 2015 [2008, or the version
of the International Residential Code that is applicable in the
county seat of that county].
(b) Except as provided by Subsection (b-1), new commercial
construction in the unincorporated area of a county shall conform
to the version of the International Building Code published as of
May 1, 2015 [Standards required under this subchapter apply only to
new residential construction that begins after September 1, 2009].
(b-1) The commissioners court of a county may:
(1) adopt and apply later versions of the
International Residential Code or the International Building Code
to new construction; or
(2) establish standards for new construction that
exceed the standards of those codes.
(d) This subchapter may not be construed to:
(1) [require prior approval by the county before the
beginning of new residential construction;
[(2)] authorize the commissioners court of a county to
adopt or enforce zoning regulations; or
(2) [(3)] affect the application of the provisions of
Subchapter B, Chapter 232, to land development.
(f) A county may [not] charge a fee to a person subject to
standards under this subchapter to defray the costs of enforcing
the standards.
(g) The commissioners court of a county may adopt rules
necessary to administer and enforce the building code standards
adopted under this subchapter.
SECTION 7. Section 233.154, Local Government Code, is
amended by amending Subsections (a) and (c) and adding Subsections
(a-1) and (a-2) to read as follows:
(a) A person who builds new [residential] construction
[described by Section 233.153] shall have the construction
inspected to ensure building code compliance in accordance with
this section as follows:
(1) for new [residential] construction as described by
Section 233.151(a)(1)(A) or (3)(A) [on a vacant lot], a minimum of
three inspections must be performed during the construction project
to ensure code compliance, as applicable, at the following stages
of construction:
(A) the foundation stage, before the placement of
concrete;
(B) the framing and mechanical systems stage,
before covering with drywall or other interior wall covering; and
(C) on completion of construction of the
residence or building; and
(2) for new [residential] construction [of an addition
to an existing residence] as described by Section 233.151(a)(1)(B)
or (3)(B) [233.151(a)(2)], the inspections under Subdivision (1)
must be performed as necessary based on the scope of work of the
construction project.
(a-1) A county shall employ a building inspector certified
by the International Code Council to review construction plans and
inspect new construction or shall require[; and
[(3) for new residential construction on a vacant lot
and for construction of an addition to an existing residence, the
builder]:
(1) the builder of new residential construction to
contract for inspection [(A) is responsible for contracting to
perform the inspections required by this subsection] with:
(A) [(i)] a licensed engineer;
(B) [(ii)] a registered architect;
(C) [(iii) a professional inspector licensed by
the Texas Real Estate Commission;
[(iv)] a plumbing inspector employed by a
municipality and licensed by the Texas State Board of Plumbing
Examiners;
(D) [(v)] a building inspector employed by a
political subdivision; or
(E) [(vi)] an individual certified as a
residential combination inspector by the International Code
Council; or
(2) the general contractor for new commercial
construction to contract for inspection with:
(A) a licensed engineer;
(B) a registered architect;
(C) a certified building inspector employed by a
political subdivision; or
(D) an inspector certified by the International
Code Council as a commercial building inspector, commercial
electrical inspector, commercial mechanical inspector, or
commercial plumbing inspector.
(a-2) A builder or general contractor [and
[(B)] may use the same inspector for all the
required inspections or a different inspector for each required
inspection under Subsection (a) if the builder or general
contractor contracts for the inspection.
(c) If required by the county for new residential
construction, not later than the 10th day after the date of the
final inspection under this section, the builder shall submit
notice of the inspection stating whether or not the inspection
showed compliance with the building code standards applicable to
that phase of construction in a form required by the county to:
(1) the county employee, department, or agency
designated by the commissioners court of the county to receive the
information; and
(2) the person for whom the new residential
construction is being built, if different from the builder.
SECTION 8. Sections 233.155(a) and (b), Local Government
Code, are amended to read as follows:
(a) If proper notice for new residential construction is not
submitted in accordance with Section 233.154(c) [Sections
233.154(b) and (c)], the county may take any or all of the following
actions:
(1) [refer the inspector to the appropriate regulatory
authority for discipline;
[(2)] in a suit brought by the appropriate attorney
representing the county in the district court, obtain appropriate
injunctive relief to prevent a violation or threatened violation of
a standard or notice required under this subchapter from continuing
or occurring; or
(2) [(3)] refer the builder for prosecution under
Section 233.157.
(b) If the notice the builder provided to the county under
Section 233.154(c) does not indicate that the inspection showed
compliance with the applicable building code standards, the county
may take either or both of the actions under Subsections (a)(1)
[(a)(2)] and (2) [(3)].
SECTION 9. Sections 233.157(a) and (c), Local Government
Code, are amended to read as follows:
(a) A builder commits an offense if:
(1) the builder fails to provide proper notice in
accordance with Section 233.154(c) [Sections 233.154(b) and (c)];
or
(2) as provided by Section 233.155(b), the builder
does not provide notice under Section 233.154(c) that indicates
that the inspection showed compliance with the applicable building
code standards.
(c) An individual who fails to provide proper notice in
accordance with Section 233.154(c) [Sections 233.154(b) and (c)] is
not subject to a penalty under this subsection if:
(1) the new residential construction is built by the
individual or the individual acts as the individual's own
contractor; and
(2) the individual intends to use the residence as the
individual's primary residence.
SECTION 10. Sections 233.154(b) and 233.157(d), Local
Government Code, are repealed.
SECTION 11. The changes in law made by this Act apply only
to new construction that commences on or after January 1, 2020. New
construction that commences before January 1, 2020, is governed by
the law in effect immediately before that date, and that law is
continued in effect for that purpose.
SECTION 12. This Act takes effect January 1, 2020.