Building Codes: TX

[CjAl]

i dont have any codes and no snow but if theyre not strong i dont want it.



EDIT: This was split off from another topic.
MtnDon

[MountainDon]

Originally this message was made by MountainDon « Reply #23 on: April 15, 2012, 20:26:43 »

i dont have any codes ......

Incorrect. You just don't have code enforcement.  Not to pick on you... I'm picking on anyone who believes they do not have codes. They simply do not have enforcement. Lack of enforcement does not suspend the laws of physics or the careful thought that should go into building design and construction. Maybe that's making too fine a point of it, but that is the way I see it.

Every square inch in Texas is covered by the:
International Building Code,
International Residential Code,
International Plumbing Code,
International Mechanical Code,
International Fuel Gas Code,
International Property Maintenance Code,
International Fire Code,
National Electric Code

The IRC is the one and two family residential code used; IRC 2009 unless I am mistaken. If you have a local public library they may have a copy of whatever version is the law.



Sorry for the hijack and rant. 

[MountainDon]

Originally this message was made by phalynx « Reply #24 on: April 15, 2012, 21:42:15 »

Not to argue much on this point but Texas has a law that specifically prohibits code enforcement.  This isn't as simple as your county doesn't have the funds to get an enforcer.  Enforcement is specifically illegal in unincorporated areas.  To narrow it down, Texas "adopts" a standard but it is illegal to enforce.  CJAI is absolutely legal.  You may not agree with his design, but in Texas, we are free and not subjects of a state.  God bless Texas. 

MountainDon, I know you are always looking out for everyone's best interest and I personally appreciate it as almost everyone does around here.  You certainly know building engineering.  But gosh,, I love Texas. 

Sometimes...... codes are nothing more than politicians flexing muscles....or.... just follow the patents...

[MountainDon]

Originally this message was posted by Mountain Don  « Reply #25 on: April 15, 2012, 23:35:58 »

You confirmed what I said.    There is code that covers all of TX. It may not be enforced in the part of TX where someone is located. The reason for non enforcement is moot. There still is code and there still is no enforcement. That still does not obviate physical laws. And the absence of enforcement does not automatically activate some hidden builders knowledge gene within those owner-builders living in a non enforcement area.

I still maintain that many owner-builder folks would keep themselves and their family and friends more out of harms way if they would learn from the IRC and use it as a tool to build a safer structure for themselves and their family and friends. They also might find themselves having to make fewer repairs and repairs always take longer than to do it better in the first place. At least that has been my experience. Better to perhaps take a little more time, spend a little more money initially than to have to revisit the structure later. Not saying that every structure build to IRC minimums is going to be the ultimate in construction. Just saying the IRC is a great tool and a great place for an inexperienced or low experience owner-builder to start. If something is not listed, is not prescribed, there may be very good reasons why it is not.

[MountainDon]

I have searched and found a few interesting articles regarding TX building code adoptions and how and when they are enforced. There seems to be a mishmash of information, some of which I believe is misinformation.

Two interesting documents are listed below....
1. http://madavis1.livejournal.com/18886.html
...some links in that are dead. 

The first one, found at the end of the lead sentence... "As of September 1, 2008, residential inspections in an unincorporated area and in other areas not subject to municipal inspections are required by the Texas Residential Construction Commission (TRCC). (Property Code, Title 16, Subtitle F, Ch.446.)    can be found in its entirety at   law.justia.com

2. Specific to Tarrant County.

In 2009, the Texas Legislature abolished the Texas Residential Construction Commission, eliminating State enforcement of statewide building codes — including building codes outside cities' jurisdictions.

In its place, the Legislature approved a law that allows counties limited, permissive authority to enforce building codes in the unincorporated area.  Tarrant County adopted these provisions on September 1, 2009.

My interpretation of the above is that there is no law that makes it illegal for codes to be enforced anywhere in TX.  The Tarrant County info does go on to state that, "Tarrant County does not have inspection authority or responsibility and can not charge fees; instead the builder is required to:"   

Seems like a "loosey goosey" way of doing business.   



I'd like to be educated as to why it would be better to have no building code at all?

[Don_P]

After that statement was made, I looked also and came to the same conclusion. I would imagine things got spun in the retelling over and over.
I've worked in more places with no sherrif than with. If there is no other interest in an inspection, a lenders inspection for instance, then we "self inspect".  The problem with that approach is I've never seen anyone fail one of those inspections... If you have a thinking problem and no fresh input, you aren't going to see any problems.
I believe that applies to more than just houses  .

[John Raabe]

There are enough interpretations of the existing codes and amendments to keep any good inspector busy enough.
But when people get to do self-inspections these interpretations can get closer to divination. 

For most owner-builders who want to do a good job, the best advice is to get a look-see from a local experienced builder - someone who has been satisfying the local folks for awhile. You don't have to be a code expert to build a solid house.

First time builders can get in to trouble because they don't yet have the feel for their materials and the way the forces work on them. Talk to someone who does have that feel.

[Squirl]

Interesting topic.    I pulled up the Texas bill that passed to see what it says. *
http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB02833F.pdf#navpanes=0

So they abolished enforcement at the state wide level.
It looks like any county in Texas that has a population of at least 100 people can choose enforcement of new residences on vacant lots and all renovations that increase the value of the property 50%. (Texas counties have less than 100 people?)


Interesting:

Sec.A233.157. PENALTY.
(a) A person commits an offense if the person fails to provide proper notice in accordance with
Sections 233.154(b) and (c).
(b) An offense under this section is a Class C misdemeanor.
(c)An individual who fails to provide proper notice in accordance with 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.

So by that if the county you are in adopts the regs, they have the right to enforce them in all parts of the county, including unincorporated areas, as listed in the title of the bill.

In some of the association of builders materials and county guides to the law, they state that even though they can't charge fees for enforcement, district attorneys can prosecute people not in compliance.

I assume due to the fact that the counties cannot collect fees for enforcement or penalties in certain circumstances, they have chosen that it is not worth the cost to enforce the codes, not that the codes do not exist or that they do not have the right to enforce them.  Just because there is no penalty, you may still be in violation of the law.


*This is not legal advice.  This is simply a discussion for educational purposes.

[MountainDon]

Over here for interesting link