§ 2210.2515 — ISSUANCE OF CERTIFICATES OF COMPLIANCE.

Texas § 2210.2515

• Jurisdiction: Texas
• Code IN: Insurance Code

Text

Sec. 2210.2515. ISSUANCE OF CERTIFICATES OF COMPLIANCE. (a) In this section:
(1) "Completed improvement" means:
(A) an improvement in which the original transfer of title from the builder to the initial owner of the improvement has occurred; or
(B) if a transfer under Paragraph (A) is not contemplated, an improvement that is substantially completed.
(2) "Improvement" means the construction of or repair, alteration, remodeling, or enlargement of a structure to which the plan of operation applies.
(3) "Ongoing improvement" means:
(A) an improvement in which the original transfer of title from the builder to the initial owner of the improvement has not occurred; or
(B) if a transfer under Paragraph (A) is not contemplated, an improvement that is not substantially completed.
(b) A person shall provide written notice on a form prescribed by and submitted to the department of the person's intent to construct, repair, alter, remodel, or enlarge a structure for which the person is seeking coverage under this chapter before the person begins to construct, repair, alter, remodel, or enlarge the structure.
(c) A person may apply to the department on a form prescribed by the department for a certificate of compliance for a completed improvement. The department shall issue a certificate of compliance for a completed improvement if a professional engineer licensed by the Texas Board of Professional Engineers and Land Surveyors:
(1) has designed the improvement, has affixed the engineer's seal on the design, and submits to the department on a form prescribed by the department an affirmation that the design complies with the applicable building code under the plan of operation and that the improvement was constructed in accordance with the design; or
(2) completes and submits to the department a sealed post-construction evaluation report that:
(A) confirms the improvement's compliance with the applicable building code under the plan of operation; and
(B) includes documentation supporting the engineer's post-construction evaluation report on a form prescribed by the department on which the engineer has affixed the engineer's seal.
(c-1) The department may deny an application for a certificate of compliance under Subsection (c) if the evaluation report or the form prescribed by the department under Subsection (c)(1) is not fully documented as required under Subsection (c).
(c-2) A form prescribed by the department under Subsection (c) may not require a professional engineer to assume liability for the construction of an improvement.
(d) A person may apply to the department on a form prescribed by the department for a certificate of compliance for an ongoing improvement. Except as provided by Subsection (e), the department shall issue a certificate of compliance for an ongoing improvement if a qualified inspector under Section 2210.254 inspects the ongoing improvement in accordance with commissioner rule and affirms that the improvement:
(1) conforms to a design of the improvement that has a seal affixed by a professional engineer licensed by the Texas Board of Professional Engineers and Land Surveyors and complies with the applicable building code under the plan of operation; or
(2) complies with the applicable building code under the plan of operation.
(e) Except as otherwise provided by this subchapter, the department may not issue a certificate of compliance under Subsection (d) if within six months after the date of the final inspection of the structure that is the subject of the application, the department has not received:
(1) fully completed forms prescribed by the department demonstrating that the improvement satisfies the requirements under Subsection (d)(1) or (2); and
(2) payment in full of all inspection fees, including fees for prior department inspections, owed to the department.
(f) Repealed by Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900 ), Sec. 12, eff. June 10, 2019.
(g) The department may enter into contracts as necessary to implement this section.
(h) The department may charge a reasonable fee to cover the cost of making building requirements and inspection standards available to the public. The department shall charge a reasonable fee for each inspection of each structure under this section in an amount set by the commissioner.
(i) The department is authorized to submit a formal complaint under Chapter 1001 , Occupations Code, to the Texas Board of Professional Engineers and Land Surveyors related to the engineering work of a professional engineer as reflected in the sealed post-construction evaluation report or other materials submitted by an engineer under Subsection (c).
(j) If the department finds that a person acting as a qualified inspector under Section 2210.254 has failed to provide complete and accurate information in connection with an inspection for a certificate of compliance under this section, the department may impose a reasonable penalty on the inspector, including by prohibiting the inspector from applying for certificates of compliance under this section. The commissioner may adopt rules as necessary to implement this subsection.
(k) The department may not rescind a certificate of compliance after issuing the certificate under this section.

Legislative History

Added by Acts 2015, 84th Leg., R.S., Ch. 1073 (H.B. 2439 ), Sec. 3, eff. September 1, 2015. Amended by: Acts 2019, 86th Leg., R.S., Ch. 525 (S.B. 615 ), Sec. 12, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900 ), Sec. 6, eff. June 10, 2019. Acts 2019, 86th Leg., R.S., Ch. 790 (H.B. 1900 ), Sec. 12, eff. June 10, 2019. Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523 ), Sec. 2.10, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 494 (H.B. 3564 ), Sec. 1, eff. June 14, 2021. Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607 ), Sec. 12.001, eff. September 1, 2021.