Division 7. Inspections for Windstorm and Hail Insurance
28 TAC §5.4605
The Commissioner of Insurance adopts new §5.4605 concerning items not requiring an inspection for the purposes of windstorm and hail insurance coverage through the Texas Windstorm Insurance Association (Association or TWIA). The section is adopted without changes to the proposed text as published in the May 23, 2003, issue of the Texas Register (28 TexReg 4070) and will not be republished.
Insurance Code, Article 21.49, §6A provides that all structures that are constructed or repaired or to which additions are made on or after January 1, 1988, to be considered insurable property for windstorm and hail insurance from the Association, must be inspected or approved by the department for compliance with the plan of operation. Over the course of development of the inspections program, the department has listed certain items not requiring an inspection for purposes of windstorm and hail insurance coverage in its windstorm inspection manual and as modified and incorporated into the TWIA Building Code for Windstorm Resistant Construction. Effective February 1, 2003, the Commissioner adopted the 2000 International Residential Code and the 2000 International Building Code, as revised by the Texas Revisions to the International Residential Code and the Texas Revisions to the International Building Code, as the applicable building code standards in designated catastrophe areas for structures constructed, repaired or to which additions are made on and after February 1, 2003. New §5.4605 is adopted to provide a uniform listing of items not requiring inspection that will be applicable to all the codes and standards for the various periods of construction, to provide for repairs, replacements, or procedures with like kind and quality materials, fasteners, and craftsmanship, and to add certain items to the list, such as replacement of windows or glass doors when less than 10% of the surface area of a structure is involved so as to allow for cost-effective repairs or replacement when a small percentage of the surface area is affected.
New §5.4605 sets forth the items not requiring inspection that will be applicable to all the codes and standards for the various periods of construction and provides for repairs, replacements, or procedures with like kind and quality materials, fasteners, and craftsmanship. The new section also adds items such as replacement of glass in windows or glass doors or replacement of exterior doors not involving the frames provided that the area is less than 10% of the surface area of the affected side of the structure, and replacement of exterior siding provided that the area is less than 10% of the surface area of the affected side of the structure.
One commenter stated support for the proposal.
Agency Response: The department appreciates the support.
NAMES OF THOSE COMMENTING FOR AND AGAINST THE SECTION.
Galveston Windstorm Action Committee, Inc.
The new section is adopted under the Insurance Code Article 21.49 and §36.001. Article 21.49, §6A provides that all structures that are constructed or repaired or to which additions are made on or after January 1, 1988, to be considered insurable property for windstorm and hail insurance from the Association, must be inspected or approved by the department for compliance with the plan of operation. Section 36.001 provides that the Commissioner of Insurance may adopt any rules necessary and appropriate to implement the powers and duties of the Texas Department of Insurance under the Insurance Code and other laws of this state.
§5.4605. Items Not Requiring an Inspection for the Purposes of Windstorm and Hail Insurance Coverage through the Texas Windstorm Insurance Association. The items listed in this section do not require an inspection for compliance for the purposes of windstorm and hail insurance coverage through the Texas Windstorm Insurance Association provided that any repairs, replacements, or procedures are made with like kind and quality materials, fasteners, and craftsmanship as compared to the structure before the repairs, replacements, or procedures are made, and as compared to the parts of the building which are not repaired. In addition, if no structural change is made, the initial installation or replacement of the listed items may be made without requiring an inspection. The items are as follows:
(1) repairs to roofs less than 100 square feet (one square),
(2) repairs or replacement of gutters,
(3) replacement of decorative shutters,
(4) repairs to breakaway walls,
(5) fascia repairs,
(6) repairs to porch and balcony railings,
(7) repairs to stairways/steps and wheelchair ramps,
(8) protective measures before a storm,
(9) temporary repairs after a storm,
(10) leveling and repairs to an existing slab on grade foundation, unless wall and/or foundation anchorage is altered or repaired,
(11) fence repair,
(12) painting, carpeting, and refinishing,
(13) plumbing and electrical repairs,
(14) repairs to slabs poured on the ground for patios (including slabs under homes on pilings),
(15) repairs or replacement of soffits less than 24 inches in width,
(16) repairs or replacement of non-structural interior fixtures, cabinets, partitions (non-loadbearing), surfaces, trims or equipment,
(17) replacement of glass in windows or glass doors or replacement of exterior doors not involving the frames provided that the area is less than 10% of the surface area of the affected side (elevation) of the structure, and
(18) replacement of exterior siding provided that the area is less than 10% of the surface area of the affected side (elevation) of the structure.