Texas House Bill 14 Stirs Debate in Building Code Community

[jar546]

Texas House Bill 14 Stirs Debate in Building Code Community​

The Texas Legislature's recent enactment of House Bill 14, which takes effect on September 1, 2023, has sparked a considerable debate within The Building Code Forum. Aimed at addressing building permit delays, this law introduces new provisions that significantly alter the permit review and inspection process in Texas.
Key Provisions of House Bill 14
House Bill 14 stipulates that if local authorities fail to make decisions on permit applications and inspections within two weeks, developers are granted the option to seek permit approvals from alternative sources. These sources include staff from other municipalities or licensed engineers in Texas.
Eligibility for Review and Inspection
For reviewing permit documents, eligible individuals include those approved by the local regulatory authority in the area of the land subject to development, or any engineer licensed under Chapter 1001 of the Occupations Code. Similarly, development inspections can be conducted by individuals certified by the International Code Council, employed as building inspectors in the area of the improvement, or licensed engineers.
Community Reactions and Concerns
The introduction of this legislation has raised concerns among members of The Building Code Forum, predominantly building officials and industry professionals. The key points of contention are:

1. Safety and Quality Standards: There is apprehension that third-party reviews may lead to inconsistent adherence to safety standards and regulations. The forum members stress the importance of maintaining stringent safety standards, which are crucial for public safety and quality construction.
2. Increased Workload and Oversight: Building officials express concerns about the increased responsibility and oversight required from them. They now face the challenge of ensuring compliance in a process that could potentially bypass the more thorough, traditional local authority reviews.
3. Implementation Challenges: Despite the potential of the law to streamline permit processes, its actual impact remains uncertain. Cities like Dallas and Austin are still grappling with how to effectively implement these changes, and there is a general lack of widespread awareness among developers about the new law.
4. Potential Erosion of Local Control: Some cities, such as Houston, have expressed concerns over the bill as an attempt to strip local control over the building review process. The bill's approach to third-party reviews and the lack of detailed accountability measures raise questions about its effectiveness in maintaining building standards and compliance.

Looking Ahead
As Texas gears up to implement House Bill 14, its impact on the building industry and the broader urban development landscape is yet to be fully understood. The Building Code Forum remains a vital platform for ongoing discussions, insights, and shared experiences as industry professionals navigate these significant legislative changes.
The bill marks a pivotal moment for Texas' building industry, potentially offering a model for other states facing similar challenges. However, the balancing act between expediting building processes and upholding safety norms continues to be a critical point of discussion and concern in the building community. The forum’s commitment to providing comprehensive and up-to-date information on such legislative developments is more important than ever, as it seeks to ensure that all members are well-informed and prepared for the changes ahead.

 

[jar546]

So who can review these permit submittals?

Under Texas House Bill 14, the qualifications required for individuals to review permit documents and conduct development inspections include:

1. For Reviewing Permit Documents: A person can review permit documents if they are:
   • Approved by the Local Regulatory Authority: The individual must be approved by the regulatory authority in the area where the land subject to the development document or permit is located.
   • A Licensed Engineer: Alternatively, an engineer licensed under Chapter 1001 of the Occupations Code is qualified to review the documents.
2. For Conducting Development Inspections: The requirements for someone to conduct development inspections are:
   • International Code Council Certification: The individual must be certified to inspect buildings by the International Code Council.
   • Employment as a Building Inspector: They could be employed as a building inspector by the regulatory authority or any political subdivision in the area where the improvement is located, provided the local authority has approved the person for performing inspections.
   • Licensed Engineer: As with document reviews, a licensed engineer under Chapter 1001 of the Occupations Code is also qualified to conduct inspections.
3. Compliance and Timeliness: Additionally, any person who performs a review or conducts a development inspection under this law must satisfy all applicable regulations and complete their tasks within the specified timeframes.

These qualifications are designed to ensure that individuals responsible for reviewing permit documents and conducting inspections possess the necessary expertise and credentials, maintaining a standard of quality and safety in the building process.

 

[Mark K]

Why can the local jurisdictions not contract with outside engineers or architects to perform the review. The formal response then comes from the local jurisdiction. This works in other jurisdictions.

 

[Yankee Chronicler]

Texas has some really terrible laws -- and I can say that, since I'm a native-born Texan. This is another example. Two weeks is an unreasonable time limit. We are allowed 30 days by code and law in our state, and we occasionally have difficulty meeting that time frame.

 

[ICE]

None of it sounds problematic to me. The longest time frames come from planning departments, fire departments and health departments. I recall a months long delay that emanated from the Recycle and Reuse department of Los Angeles County. Two weeks might be audacious however, the crowd outside the perimeter is clamoring for the business. Entrenched bureaucrats aren’t going to outperform the young-bloods at the door.

 

[CodeWarrior]

Then there's Florida, with HB267. Floridians should remember Surfside, less than 3 years ago, where the condo building design and construction were found not to meet code, and with no inspection records, may not have been inspected. 98 people died, the 3rd largest death toll in US history resulting from an engineering disaster.

• HB 267 would require local governments to create a program to expedite approval of residential building permits. For instance, the bill would reduce the application approval process from 120 days to 9 days—barring incomplete applications that require more information from the applicant. Allows an application to be deemed approved if municipalities fail to meet any of the time frames. The Florida League of Cities opposes this bill.

 

[Mr. Inspector]

Sounds like in Texas the same licensed engineer that made the plans can also approve the plans and do the inspections.

 

[bill1952]

Sounds like in Texas the same licensed engineer that made the plans can also approve the plans and do the inspections.

Three options to loose their registration on every project instead of just one. Great.

 

[Inspector Gadget]

Then there's Florida, with HB267. Floridians should remember Surfside, less than 3 years ago, where the condo building design and construction were found not to meet code, and with no inspection records, may not have been inspected. 98 people died, the 3rd largest death toll in US history resulting from an engineering disaster.

^^^ This.

 

[Yankee Chronicler]

Then there's Florida, with HB267. Floridians should remember Surfside, less than 3 years ago, where the condo building design and construction were found not to meet code, and with no inspection records, may not have been inspected. 98 people died, the 3rd largest death toll in US history resulting from an engineering disaster.

• HB 267 would require local governments to create a program to expedite approval of residential building permits. For instance, the bill would reduce the application approval process from 120 days to 9 days—barring incomplete applications that require more information from the applicant. Allows an application to be deemed approved if municipalities fail to meet any of the time frames. The Florida League of Cities opposes this bill.

What could possibly go wrong?