Loading...
HomeMy WebLinkAbout10122004 BSC Agenda Item 1 • E_II,• i '"% a1•' ;aj Texas Residential Construction Commission TITLE 10. COMMUNITY DEVELOPMENT Part 7.TEXAS RESIDENTIAL CONSTRUCTION COMMISSION Chapter 303. REGISTRATION Subchapter E.TEXAS STAR BUILDER PROGRAM The Texas Residential Construction Commission("commission")proposes new Title 10,Part 7, Chapter 303, Subchapter E,relating to the Texas Star Builder Program.The new subchapter outlines the commission's eligibility requirements,participation requirement and designations for long-term participation for voluntary membership of builders and remodelers into the Texas Star Builder Program. The sections are proposed to implement new legislation,House Bill 730(Act effective Sept. 1, 2003,78th Leg., R.S.,ch.458, §1.01).The new sections are proposed under Property Code §408.001, which provides generally authority for the commission to adopt rules necessary for the implementation of Title 16 and Chapter 416 which requires the commission to establish rules and procedures for a program through which a builder can be designated as a"Texas Star Builder." Stephen D.Thomas, Executive Director,has determined that for each year of the first five-year period the proposed sections are in effect there will be no fiscal implications for local governments as a result of enforcing or administering the proposed sections. There will be a minor impact on state government as related to the fees received for membership. • • Mr.Thomas has also determined that for each year of the first five-year period the proposed rules are in effect the public will benefit from receiving additional information regarding builders' expertise, experience and commitment to quality home building. Mr. Thomas has also determined that there will be no effect on large,small and micro-businesses as a result of the adoption of the proposed rule. However,there may be a minimal financial impact on persons who apply for membership due to application and renewal fees. Mr.Thomas has also determined that for each year of the first five-year period the proposed sections are in effect there should be no effect on a local economy;therefore,no local employment impact statement is required under Administrative Procedure Act § 2001.022. Interested persons may submit written comments(12 copies)on the proposed rule to Susan K. Durso,General Counsel,Texas Residential Construction Commission,PO Box 13144,Austin,Texas, 78711. The deadline for submission of comments is thirty(30)days from the date of publication of the proposed sections in the Texas Register. Comments should be organized in a manner consistent with the organization of the proposed rule. Comments received after that date will not be considered. The new sections are proposed to implement new legislation enacted during the 78th Legislative Session,Regular Session,House Bill 730(Act effective Sept. 1,2003,78th Leg., R.S.,ch.458, §1.01), including Title 16,Property Code and Government Code Chapter 2001. §303.300. Definitions. The following words and terms,when used in this section shall have the following meanings,unless the context clearly indicates otherwise: (1)Applicant--The person identified on the Certificate of Registration issued by the commission pursuant to Subchapter A of this Chapter that applies for membership in the Texas Star Builder Program under this section. (2)Continuing education--Commission-approved professional education courses or professional development activities such as workshops,seminars, institutes,conferences or short-term courses,which a member must complete annually for continued membership in the Texas Star Builder Program. 2 • (3)Corporate officer--A person who is authorized to act on behalf of an entity in transactions involving amount in excess of$50,000. (4)Foundation Practices-- (A)Foundations are designed by a structural engineer based on a geotechnical report; (B) Foundations are built as designed; (C) The foundation is inspected by the engineer or an employee of the engineer prior to and during the placement of the concrete; (D) If a post-tension foundation, then evidence of cable stressing is maintained by the builder or remodeler; (E) Builder or remodeler makes a record of the elevations of the foundation prior to substantial completion of the home; (F) Builder or remodeler shall provide to the customer, a final survey showing the drainage to be in accordance with the International Residential Code. (5)Member--A person approved by the commission for admission into the Texas Star Builder program. (6)SIRP--The State-sponsored Inspection and Dispute Resolution Process. §303.301. Eligibility. (a)Experience. An applicant must: (1)have twelve years of experience acting as a builder or remodeler of single family dwellings or duplexes in the State of Texas for the twelve years immediately preceding the application;or (2) have seven years experience acting as a builder or remodeler of single family dwellings or duplexes and currently be a member and have been a member of a trade association related to the construction industry for at least five years preceding the date of the application; or (3)five years experience acting as a builder or remodeler of single family dwellings or duplexes and the applicant or a corporate officer of the applicant has credible documentation of completion of educational requirements administered by an association or institution that designates a level of expertise in the 3 • • residential construction industry,such as the National Association of Home Builders Graduate Builder and Remodeler Programs; or (4)three years experience acting as a builder or remodeler of single family dwellings or duplexes and the applicant or a corporate officer of the applicant holds a four-year degree in construction science or its equivalent from an accredited college or university;and (b)Financial Responsibility. An applicant must: (1)provide documentation from a financial institution,which possesses at least an A+rating by Standards and Poor's or Moody's,that includes a statement of the following information: (A) Applicant has an excellent relationship with the institution (or highest standard of relationship, as defined by the institution); (B)Applicant is in good standing for purposes of receiving an extension of credit; (C)Applicant is not in default of any credit obligations to the financial institution; (D) The financial institution does not have actual knowledge of any bankruptcy having been filed by the applicant,any affiliates of the applicant or any of the applicant's corporate officers; (E)The number of overdrafts by applicant in the preceding twelve months; (F)The number of past due notices sent to applicant in the preceding twelve months;and (G) The financial institution does not have any actual knowledge of any current delinquency in property taxes, unsatisfied judgments or enforceable mechanic's and materialmen's liens on any property for which applicant entered into a transaction governed by the Act as a result of failure to pay a subcontractor or supplier unless the mechanic's and materialmen's lien is coupled with a properly filed bond to indemnify the lien pursuant to the provisions of Property Code Chapter 53, Subchapter H. (2) provide a sworn or attested statement of the applicant that: (A)neither the applicant nor any corporate officer of the applicant has filed for federal bankruptcy in the ten years immediately preceding the date of the application; (B)the applicant is current on all state property taxes; (C)the applicant has no unpaid judgments; 4 • (D) the applicant has no enforceable mechanic's and materialmen's liens on any property for which the applicant entered into a transaction governed by the Act as a result of failure to pay a subcontractor or supplier unless the mechanic's and materialmen's lien is coupled with a properly filed bond to indemnify the lien pursuant to the provisions of Property Code Chapter 53, Subchapter H. (3) The requirements of a statement prepared by a financial institution in accordance with subsection (b)(2) of this section do not require the financial institution to conduct any independent investigation beyond the institution's own records or actual knowledge. (c)Insurance requirements. An applicant who registers more than 100 homes in one year must have general liability insurance coverage during the term of membership in the Texas Star Builder Program in the following amounts, as applicable; (1)an applicant that registers 101 -250 homes per year must maintain a policy of$500,000 of liability coverage; (2)an applicant that registers 251 — 1,000 homes per year must maintain a policy of$1,000,000 of liability coverage; or (3)an applicant that registers over 1,000 homes per year must maintain a policy of$2,000,000 of liability coverage. (d)Construction Practices. The applicant must provide a sworn or attested statement that applicant shall comply during the term of membership with at least two of the following: (1)the Green Building Program sponsored by the Texas Veterans Land Board or the National Association of Builders, or any successor entities; (2)the Energy Star Program; (3)the Water Intrusion Prevention Program(as recommended by the commission's Mold Task Force); (4)Foundation Practices; or (5)Provide homeowners with whom it enters into a transaction governed by the Act with a third-party warranty program or provide those homeowners with a two-year warranty for all one-year workmanship and materials items described in the building and performance standards adopted by the commission. 5 • . (ed)Participation in SIRP. The number of homeowner requests for participation in SIRP for alleged construction defects against the applicant that resulted in the appointment of a third-party inspector may not exceed five percent of the number of homes registered by the applicant in the preceding year. This subparagraph shall become effective January 1,2006. §303.302.Process. (a) Applicants must submit a completed commission-prescribed application form, credible documentation as set forth in §303.301 of this subchapter and the required non-refundable fee for each entity for which the applicant seeks membership in the Texas Star Builder Program. Within twenty-one days of receipt of a completed application and the required fee,the commission shall issue a Texas Star Builder certificate that is effective for a period not to exceed one year to an applicant who meets the eligibility requirements for Texas Star Builder Program. (b) Failure to submit all requested documentation within fifteen days of notice of an incomplete application will result in the denial of the application and forfeiture of the fee. §303.303. Program Participation. (a)Continuing education. (1) All members shall complete at least 12 hours of continuing education per year. (2)The Executive Director shall review all courses or programs submitted and shall designate those sufficient to satisfy the continuing education requirement. (3)Any member that registers more than 30 homes per year may submit course materials for approval by the Executive Director in order to conduct an in-house training program for its employees to complete in order to satisfy the continuing education requirements of this section.The Executive Director shall consider the objective and purpose of the program,the content and subject matter of each course and the qualifications of the presenters in making a determination as to whether to approve a proposed in-house training program. (4) If a member registers less than 30 homes per year,the member or a corporate officer of the member must maintain the continuing education requirement. 6 • • (5)If a member registers more than 30 homes per year,the continuing education requirement must be maintained by the member or one corporate officer of the member, and one employee of the member for every 30 homes registered. (6)A person who wishes to sponsor a course or training program to provide continuing education under this section must submit to the Executive Director for review,not later than thirty days prior to the proposed event,a written request for consideration,a detailed course agenda,written course description and resume or biographical information of each speaker or presenter. (7)The continuing education requirements of this subsection shall apply to all renewals. (b)Level of Recognition. ' The commission shall confer the following designations on members of the Texas Star Builder Program to recognize consecutive years of membership in the program: (1)Bronze--two consecutive years of membership (2)Silver--five consecutive years of membership (3)Gold--seven consecutive years of membership (4)One Diamond--ten consecutive years of membership (5)Two Diamonds--twelve consecutive years of membership (6)Three Diamonds--fourteen consecutive years of membership (7) Four Diamonds--sixteen or more years of consecutive membership §303.304. Renewal. In order to renew membership in the Texas Star Builder Program,a person shall submit a completed application for renewal with the required documentation set forth in§303.301 of this subchapter and the required fee to the commission not later than thirty days prior to the expiration of the effective period shown on the current Texas Star Builder membership certificate. §303.305.Denial. 7 • • (a)The commission shall deny an application for membership or to renew membership in the Texas Star Builder Program if the commission determines that the applicant is ineligible for admission to or continued membership in the program. (b)If the commission denies an application for membership or an application to renew membership,the commission shall provide written notice to the applicant not later than the 15th day after the commission receives the completed application and the appropriate fee. (c)The commission shall state the reason(s) for denial of membership or renewed membership in the program in its written notice to the applicant and provide notice of the opportunity for appeal. §303.306.Appeal of Denial., (a)An applicant who receives a notice of denial under§303.305 of this subchapter may appeal the decision to the Executive Director by submitting a written request for reconsideration not later than thirty days from receipt of the notice of denial. (b)The decision of the Executive Director is a final agency decision not subject to further administrative appeal. This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be within the agency's legal authority to adopt. Susan Durso General Counsel Texas Residential Construction Commission For further information,please call: (512)475-0595 Filed with the Secretary of State : XXXXXXX 8 I Background Code prior to 1992 • Minimal mention of foundations in the Codes Proposed Foundation 1992 Code modification Code Changes • BSC recognized need to strengthen Code on foundations • Foundations must be designed by a RLPE • Minimal documentation of design 2004 Proposal to modify Code • 2004 Council goal to review and modify building codes as it relates to foundations Problems Problems, cont. West U is not known for good soil West U promotes trees • Expansive clays • Foundations not designed with trees in mind • High shrink/swell depending on the moisture content • Trees and foundations often conflict • Variations across the city • Foundations need to be designed considering future • Current foundations are designed to address settling —Trees added or removed after occupancy only — Irrigation and drainage systems are added • Lift or heave of soils are not addressed in the current — Decorative vegetation is added foundation design criteria Problems, cont. Problems, cont. Personal economics have often been the Houses with foundation failures affect the design criteria property values • Foundation risk not addressed • These failures affect property values as a whole • No minimum design criteria on foundations • These failures affect the tax base • Cases of RLPE stamped plans no evidence of actual engineering • There is no clear responsibility for performance or failure • There is almost no risk to an engineer designing a foundation 1 • BSC Studies Changes Studied Local problem studied The BSC examined • HCAD list of foundation failures • Texas New Residential Construction Act • West U permit applications issued • ASCE • Plots of newer housing(Post 1990)locations • Their changes became recommendations • Input from CBO and homeowners • These changes are Regional problem studied •Larg el nuconsogea p g •Carry no consequences • Regional studies by professional engineering group • State Board of RLPEs • Houston Foundation Performance Assn • State Board of Professional Geoscie ntists BSC Goals BSC Goals , cont. Foundation Code Modifications Transfer responsibility from the City to the Structural Engineer via • Protect homeowners from poor construction • Requiring Errors&Omission insurance • Discourage homeowners from choosing the • Dealing through an engineering firm foundation design based solely on economics • Observation reports • Protect second&third owners • Certifications of work done • Protect property values and tax base for the City • Permanent records of foundation design and • Simplify the permitting process for both the builder construction and the City Staff BSC Goals, cont. New Foundation Code Set minimum design criteria • Incorporates • Relate design criteria to risk and responsibility • Appropriate ASME recommendations • Address lift or heave with 1"PVR design criteria • Pier reviewed recommen dations of the Foundation • Allowing minimal risk foundations Performance Assn of Houston Changes in harmony with • Input from soil experts and structural engineers • all state board requirements for RLPEs&RLPGs • • the new state Texas Residential Construction Commission Input from the • the International Building Codes • BSC Commission Members • City Staff&City Legal Staff Exempt single story garage structures • West U Citizens 2 r New Foundation Code, cont. Proposed Code Amendment Addresses A. Engineering • the tree ordinance and tree issues • Engineering must be performed by a RLPE • RLPE employed by a registered engineering firm • minimum risk criteria via definitions • RLPE must carry$500M E&0 insurance • assignment of the risk to the structural RLPE • RLPE must assume the risk for the design&installation • documentation of work done before placement of B. Geotechnical Report concrete • Must be performed by a RLPE or RLGE • inspection and quality of the work onto those building • Employed by a registered engineering firm the house • Must carry$500M in E&0 insurance • Reports with minimal criteria defined by a professional association • Soils Laboratory used must be accredited by the A2LA Proposed Code Amendments,cont. Proposed Code Amendments ,cont. C. Performance Standards C. Performance Standards, cont. • Set a maximum allowable soil movement criteria of • Medium risk foundations defined by a professional 1 inch PVR association • Establish the acceptable test methods to measure • Certain medium risk foundation types allowed the PVR Foundation Types • Geotechnical soils report required on piers • • Low risk foundations defined by a professional A rigorous geotechnical soils report for the slab association • Other foundation types must be approved by BSC • 2 low risk foundation types listed on case by case basis • Geotechnical report required on piers only • No geotechnical report for balance of foundation Proposed Code Amendments ,cont. Proposed Code Amendments ,cont. D. Foundation Basic Types E. Foundation Deep Support Components • • References foundations defined by a foundation Low risk supports defined by a professional association association •Acceptable risk level foundations defined Other support components must be approved by • P BSC on case by case basis Other reinforcement types must be approved by BSC F. Foundation reinforcement on case by case basis • Reinforcement types defined by a professional association • Other reinforcement types must be approved by BSC on case by case basis 3 • Proposed Code Amendments ,cont. Proposed Code Amendments ,cont. G. Observation&Certification • All foundation work must observed by G. Observation&Certification,Cont. • A RLPE • All foundation work must be certified • A person under the direct control of the RLPE • Based on the professional observations of the work • Minimum criteria of the report • Work complies with all approved plans&specs • Defined by a professional association • Complies with sound engineering practices Defined by the CB0 based on recommendations by a professional association • Form&content of certification specified by CBO Must contain certain measurements and specific data • Must be signed and sealed • The report must go to the CBO • Must be filed with CBO and acknowledged by • The RLPE or the delegate must be continuously CBO before other work can start present during concrete placement Proposed Code Amendments ,cont. H. Special Exceptions • The BSC can issue exceptions if • No life safety or performance issues • Alternate requirements by the exception provide same or better life safety or performance of the foundation • BSC may require supporting engineering data& opinion • BSC may impose special conditions& requirements 4 • • Michael M. Talianchich 3 819 Arnold St., Houston, Tx., 77005 8/14/04 713-6608799 To the following: Mr Burt Ballanfant,Mayor Mr Mike Farley Ms Teresa Fogler Mr Steven Segal Mr Mike Woods Mr Michael Ross, City Manager Mr Dennis Mack, Chief Building Official To All Building and Standards Committee members Dear Ladies and Gentleman I have put pen to paper and expressed my comments and concerns regarding the proposed changes to the International Building Code, 2000 Ed, item number 3.pertaining to foundations. I have spent 8 hours of my free time today, in preparing this document. I personally would have preferred to have been whacking a little white ball between the trees and occasionally off the short grass in pursuit of a good score,but instead I was labouring over this article. I chose to make this effort in the hope that the City will reconsider it's direction regarding this matter. Please feel free to contact me if you have any questions. Yours Sincerely as Michael M. Talianchich P.E. #67205 (STR) • The State of Texas Engineeringfactice Act governs the profession of engineering, and henceforth the Texas Board of Professional Engineers, licenses engineers under the title of P.E. to practice engineering in the State of Texas. There is no such thing as a Structural, Geotechnical, Electrical, etc engineer licensed by the State, however there is an engineer licensed by the State and referred to as a P.E. who has been determined to be competent to practice the profession in a branch of engineering such as Structural, Geotechnical, Electrical , etc. The proof of competency required by the board is usually gained by education in the designated branch of engineering and experience in same, however it does not preclude for example, a mechanical or electrical engineer from practicing in the structural field if he has gained sufficient practical experience in the non designated branch of engineering. The definitions of RLPE and RLGE need to be revised and changed in my opinion. I humbly suggest the following: The P.E. who stamps and signs the drawings and provides the stamped and signed design calculations, is the only individual who is responsible for same. This individual may or may not work for a firm. He may be a sole practitioner, which means the buck stops with him. If this individual works for a firm,then the buck stops with the individual and the chain of command in the firm. The suggestion that the individual be "employed by a registered engineering firm" is both discriminatory and possibly, not legal. If this requirement was for work for the City Of West U itself, then the above statement would be fine, however for the City to make the same determination on behalf of all its citizens, is in my opinion, stepping over the line. As I have been critical of these definitions, I think it would be appropriate for me to offer a solution. The structural integrity of a building including the supporting foundation,must be certified by an "LPE". Certification means that the engineering drawings and documents must be stamped and signed and dated by the design engineer. In addition, the "LPE" must provide certification(a stamped, signed and dated letter )to the City upon completion of the foundation, that the foundation is structurally sound and will not adversely effect the supported structure above and has been built according to the "sealed"documents. Also the "LPE" must provide certification(a stamped, signed and dated letter) to the City upon completion of the framing and before "drying in", that the structure is sound and has been built according to the "sealed" documents. An "LPE" is defined as a P.E. licensed by the State of Texas to practice the branch of engineering of his competency garnered by education and experience as defined by the board, or experience alone with sufficient documentation to support the claim The branch of engineering which is acceptable to the City with regard to the Structure, is "Structural" (STR)and the branch/s of engineering which are acceptable to the City with regard to the Foundation is "Geological" (GEO)for the analysis and determination of soil constants and "Structural"(S'I'R) for the determination of support system and analysis of piers/beams/slabs/floor structure. If the "LPE" determines that the site requires a soils report, then the soil testing and analysis must be done by a certified testing laboratory. If the "LPE" understands the soils in an area, he may choose not to request one. It is clearly understood by the writer of this article that the intention of the City is honourable, in trying to protect the owners of property against mediocre engineering design and construction and thus hopefully alleviating engineering type failures. The proposed section 3 (a)thru(g) demonstrates the aforementioned. ■ • I would like to point out the foling: Governing bodies such as cities, etc cannot by legislation or forced insurance ca g y g carry, magically turn a mediocre engineer into a thoughtful, attentive to detail, good engineer. Each engineer who seals the drawings and designs for a building,makes his own engineering judgments on how best to proceed with the total design and thus is totally responsible for his actions, and if part of a firm,then his judgments are shared in the line of command. The City cannot partake in this process without incurring tremendous general liability, which I as a property owner in the City of West U do not wish the City to be involved with. Section 3 as proposed, has the City making all kinds of engineering judgment calls on how things should be designed and what the engineer can choose from the basket of goodies. I, as a licensed P.E. in the State of Texas(STR),take offence at the City being involved in my engineering judgment. I, as a P.E. take all responsibility for my design and I do not care to share this responsibility with the City unless they are prepared to stamp the drawings as well, as a P.E. (firm). A point to consider-- I am also a builder, and in 1993 before I built my first house in West U, I was told by the chief building official that I must use piers to support the foundation,as City council had included this statement in a section of the code. I told the building official that I did not want to use piers. He told me- no piers -no permitee. So as I was leaving his office with my tail between my legs, I mentioned to him about the general liability problem with the City getting involved in the engineering design process. Within 6 months, that section of the code was removed. I originally in 1993 wanted to use a very stiff(at least 60" deep) concrete beam system floating on the soil. Another way, is to use a raft slab which again requires no piers. As you can see,there are numerous ways to skin a cat from an engineering perspective and it is up to the design engineer to do whatever is most appropriate for the owner of the property. As a matter of fact,I did choose to use drilled piers for my construction in West U. However, in the future I may choose not to use piers. I suggest the following --that the City get out of the engineering business and leave the design engineering to the engineers,but instead, help educate it's own citizens. Typically, a property owner spends a great deal of effort in securing a builder or architect for their new building, but spend scant effort in selecting a structural engineer. In fact,very few people would know who the engineer was by sight or name. Thus, in a few cases,they pay a hefty price for ignoring one of the most important components of their new building. I would suggest that the City place it's good intentions in an advertising campaign,reminding people to check out the capabilities of the design engineer,to personally meet the engineer and ask some pertinent questions and obtain references. It is up to the property owner to do his own research regarding engineering competence and not to rely solely on the builder, architect or City for guidance. I also oppose the mandatory requirement for$500,000 of errors and omissions insurance by the engineer, as this will boost the cost of a building substantially across the board. Some property owners are very "penny" conscious and would choose to risk using a sole engineering practitioner who has no E&O insurance. Another property owner may be "dime" conscious and wish to use a sole practitioner with insurance. Another property owner may not care about the economics and choose a prestigious firm with insurance. As you can see, if the City refrains from legislating "choice",then we all benefit, as the choice inevitably rests with the property owner and the property owner must take responsibility for his choice. If the owner does not research carefully, then a steep financial price may be paid for such action. Also, insurance claims do not restore a building back to it's original perceived condition. Good engineering,with or without insurance,keeps a building in it's original perceived condition. So, hopefully,the City will recommend to it's citizens, concerted engineering research effort when planning a building and not insurance as the be all, end all, solution. • S Addendum §133.13 Branches of Engineering Applicants shall indicate a primary branch of engineering under which experience has been gained. The Board recognizes the following list of disciplines to assist in determining an applicant's competency although license holders are not designated as a specific discipline engineer nor are restricted to practice only in the branch designated. The Board recognized branches are listed below. Those branches in which a National Council of Examiners for Engineering and Surveying(NCEES) examination is offered are followed by the acronym (NCEES). (1) (AGR)agricultural (NCEES); (2) (BAR)architectural (NCEES); (3) (CHE)chemical (NCEES); (4) (CIV)civil (NCEES); (5)(CSE) control systems (NCEES); (6) (ELE)electrical, electronic, computer, communications (NCEES); (7)(ENV)environmental (NCEES); (8) (FIR)fire protection(NCEES); (9)(IND) industrial (NCEES); 39 Texas Engineering Practice Act and Rules- Page 40 of 73 (10) (MEC)mechanical (NCEES); (11)(MIN)mining/mineral (NCEES); (12)(MET)metallurgical (NCEES); (13) (MAN)manufacturing; (14) (NUC) nuclear(NCEES); (15)(PET)petroleum(NCEES); (16)(SDE)naval architecture/marine engineering(NCEES); (17)(STR)structural (NCEES); (18) (A/A)aeronautical/aerospace; (19)(BIO)biomedical; (20)(CRM) ceramic; (21) (ESG)engineering sciences/general; (22) (GEO)geological; (23) (OCE)ocean; (24) (TEX)textile; (25) (SAN)sanitary; (26) (SWE) software; (27) (OTH)other. • Draft amendment of the Standard Codes Schedule regarding foundations With revisions through 10-7-04 Standard Codes Schedule Adoption. Subject to the amendments and deletions indicated beneath each code, each of the following codes, including all of its published appendices and attachments, is adopted, ordained and made a part of the Code of Ordinances of the City and of each chapter where it is referenced, except as otherwise expressly provided. Procedure for amendments, etc. The procedure for adopting new codes, updated codes, local amendments and provisions for administration and enforcement of these codes is as follows: (1)proposal by the building official or other appropriate City official, (2)referral to the Building&Standards Commission, (3)consideration by the City Council, after giving required meeting notices, and(4)adoption and publication, as required by Article II of the City Charter. International Building Code, 2000 Ed., International Code Council,Inc.. * * * All foundations for new buildings and foundation repairs shall bc designed by a registered professional engineer("RPE"), and thc work shall bc: a-: illustrated in complete plans and specifications signcd and sealed by thc RPE; 117 based on a soils report from a rccognized and reputable firm or agency less than 450 sq. ft. of gross floor area); and • ill . •• • . ..- • - I - -', .° • ••• . . • -_• fay tlre�: 3. All foundations for new buildings (or additions to existing buildings) with more than one story, or with a gross floor area of 485 square feet or more, must meet the criteria in this section, as applicable. In this section: "A2LA Lab"means a laboratory accredited by the American Association for Laboratory Accreditation on the basis of ISO/IEC 17025:1999 ("general requirements for the competence of testing and calibration laboratories"). "RLPE"means a licensed or registered professional engineer of the State of Texas who is: Page 1 • I (1) employed by a registered engineering firm of the State of Texas and (2) covered by professional errors and omissions insurance with limits of at least$500,000 per year,aggregate; and "RLGE"means a person who is: (1) either: (a) a registered professional geoscientist of the State of Texas, or(b) a licensed or registered professional engineer who is listed with the State Board of Professional Engineers in a relevant branch of engineering (civil, structural or geological) and employed by a registered engineering firm of the State of Texas; and (2) covered by professional errors and omissions insurance with limits of at least$500,000 per year, aggregate. a. Engineering. Foundations must be constructed in accordance with complete plans and specifications prepared, signed and sealed by a RLPE. The plans and specifications must be prepared specifically for the site of the work, and they must meet criteria as to scope, content and form specified by the building official. If there are existing trees (either to remain or to be removed) that could affect a foundation, the RLPE must certify that the trees have been taken into account in the preparation of the plans and specifications. b. Geotechnical Report. The plans and specifications for each foundation must be based on a written geotechnical report prepared, signed and sealed by a RLGE. The report must cover all testing and site evaluation, and all must meet all applicable criteria in "Recommended Practice for Geotechnical Explorations and Reports"published by the Structural Committee of the Foundation Performance Association, Houston, Texas (Document#FPA-SC-04-0, Rev#0, 11 April 2001, issued for website publishing), a copy of which is on file in the City Secretary's office. Partial exception: If the basic type of foundation is "structural slab with void space and deep foundations"or"structural floor with crawl space and deep foundations,"as described below, the testing, evaluation and report Page 2 • • may be limited to a determination of the appropriate depth for the deep foundations, but they must meet the other applicable criteria. The minimum depth of borings is 20 feet in all cases. All tests and other laboratory work must be performed by an A2LA Lab. c. Foundation Performance Standard. The plans and specifications for each foundation must be prepared to achieve a foundation soil movement potential of one inch or less, determined by the estimated depth of the active zone in combination with at least two of the following methods: (1) Potential vertical rise (PVR) determined in accordance with Test Method Tex-124-E,Rev. January 1, 1978/December 1982, Texas State Department of Highways and Public Transportation, Materials and Test Division, "Method for Determining the Potential Vertical Rise, PVR"(a copy of which is on file in the office of the City Secretary). For this purpose, the "dry"moisture condition(from which little shrinkage is experienced, but where volumetric swell potential is greatest) shall be used for each sample and test. (2) Swell tests performed in accordance with ASTM D4546-03, "Standard Test Methods for One-Dimensional Swell or Settlement Potential of Cohesive Soils" as last revised prior to June 1, 2004. (3) Suction and hydrometer swell tests performed in accordance with ASTM D5298-03 "Standard Test Method for Measurement of Soil Potential (Suction)Using Filter Paper"and ASTM D6836-02 "Standard Test Methods for Determination of the Soil Water Characteristic Curve for Desorption Using a Hanging Column, Pressure Extractor, Chilled Mirror Hygrometer, and/or Centrifuge,"as such methods were last revised prior to June 1, 2004. (Partial exception: If the basic type of foundation is "structural slab with void space and deep foundations" or"structural floor with crawl space and deep foundations," as described below, neither a PVR determination nor a swell, suction or hydrometer test is required.) d. Foundations, Basic Types. Each foundation must be of an approved basic type. Approved basic types are listed below. In this list, types of foundations are Page 3 • • defined and described in "Foundation Design Options For Residential and Other Low-Rise Buildings on Expansive Soils"published by the Structural Committee of the Foundation Performance Association, Houston, Texas (Document#FPA- SC-01-0, Rev#0, 30 Jun 04, marked"For Website Publishing"), a copy of which is on file in the City Secretary's office ("FDO"). (1) Structural slab with void space and deep foundations. (2) Structural floor with crawl space and deep foundations. (3) Stiffened structural slab with deep foundations. (4) Stiffened non-structural slab with deep foundations. (5) Grade-supported stiffened structural slab. (6) Grade-supported stiffened non-structural slab. (7) Grade-supported non-stiffened slab of uniform thickness (approved for one-story buildings--or additions to buildings--containing only garage or storage space,not habitable space). (8) Mixed-depth system for all new building construction. (9) Mixed-depth system for building additions with deep foundations. (10) Another type approved by special exception issued by the BSC. See(h), below. c. Foundations, Deep Support Comj2onents. Deep support components must be of an approved type. Approved types are listed below. In this list,types of deep support components are defined and described in FDO. (1) Drilled and underreamed concrete piers. (2) Drilled straight-shaft concrete piers. (3) Auger-cast concrete piles. (4) Another type approved by special exception issued by the BSC. See (h), below. r. Foundations, reinforcement. Reinforcement for each foundation must be of an approved type. Approved types are listed below. In this list, types of reinforcement are defined and described in FDO. (1) Deformed bar reinforcing. (2) Welded wire fabric reinforcing (approved for one-story buildings--or additions to buildings--containing only garage or storage space, not Page 4 • i habitable space). (3) Another type approved by special exception issued by the BSC. See (h), below. g. Foundations, Observation & Certification. Each foundation must be professionally observed and must be certified by an RLPE, as more fully described below: (1) Observations must: (i) be performed either by the certifying RLPE or by one or more persons under that RLPE's direct supervision and control whose professional qualifications are approved by the RLPE(any such person may be an RLGE, with respect to geophysical matters), (ii) include actual measurement of piers, fill, compaction, reinforcement, forms, materials, dimensions, structural elements, stressing, tendons, tensions, attachments, etc. before the work is covered or concrete is placed, (iii) be performed continuously during placement of concrete and any stressing or tensioning operations, and (iv) be documented in a form and manner approved by the building official (which may include photographs). (2) Certifications must: (i) refer to and be based upon the professional observations required by this section, (ii) state that the work complies with the plans and specifications last approved by the building official (with any field changes that are ordered by the RLPE and reported to the building official and that comply with applicable regulations), (iii) state that the work complies with sound engineering practices, (iv) comply with criteria as to form and content as may be specified by the building official, (v) be signed and sealed by the certifying RLPE, and (vi) be filed with the building official. Page 5 • • (3) Certifications may: (i) rely in part upon an attached certification by a RLGE, as to geophysical matters, and (ii) rely in part upon an attached certification by an A2LA Lab, as to materials testing. Before framing or other work commences atop a foundation (and before the foundation is otherwise covered), the permittee must obtain written acknowledgment from the building official that the certification for the foundation was duly filed as required above. Certifications, plans, specifications and related items may be kept on file by the City, for public inspection, for an indefinite period of time. h. Special Exceptions. The BSC may issue a special exception from any requirement in subsection"a"through"g,"above, but only upon a showing that: (1) the requirement will not affect life safety or the performance of a structure (for its estimated useful life); or (2) an alternate requirement to be imposed by the special exception will provide equal or better protection for life safety and long-term structural performance. In connection with any such special exception, the BSC may require that the applicant provide supporting engineering data and opinion, and the BSC may impose conditions to carry out the purpose and intent of applicable regulations. 4. All concrete piers, footings and foundations must be cured for at least 72 hours before any significant load is placed on them. 5. All walls and ceilings within a R-1,R-2, R-3 and R-4 type occupancy shall be sheathed with Type X gypsum board at least 5/8-inch (15.9 mm) thick. Exception: Where this code (IBC)requires otherwise for moisture protection. 6. Delete: Appendices A (Employee Qualifications), B (Board of Appeals) and D (Fire Districts). * * * Page 6