SECTION 70.21. Registration of Design Review Agencies, Third Party Inspection Agencies and Inspectors, and Third Party Site Inspectors

(a) Pursuant to the criteria established by the council as set forth in §§70.22, 70.23, and 70.24 the executive director will recommend qualified design review agencies, third party inspection agencies, third party inspectors, and third party site inspectors to the council for approval. An application for approval shall be submitted in writing to the executive director for consideration and recommendation to the council.

(1) The application shall be on the form, and contain such information, as may be required by the department and the council.

(2) The application shall be accompanied by the fee set forth in §70.80.

(3) The application will be reviewed by department staff for compliance to the criteria for approval outlined in this section. Applicants that meet the criteria for approval will be recommended to the council for approval at the next meeting. The department may issue interim approval to applicants found to comply with the criteria for approval.

(b) If the application is approved by the council, it shall be filed with the department as the registration of the applicant as a design review agency, a third party inspection agency, a third party inspector, or a third party site inspector to perform specific functions. The department shall issue a certificate of registration that shall state the specific functions that the registrant is approved to perform. The certificate of registration shall be valid for a 12-month period. This registration shall be a continuous registration so long as:

(1) the information required by this section is updated in accordance with subsection (c);

(2) the registration is renewed annually and the annual fee is paid;

(3) the applicant continues to comply with the criteria for approval established by the council as set forth in §§70.22, 70.23, and 70.24;

(4) the applicant certifies at the time of renewal of his registration that the code certifications required by §§70.22, 70.23, or 70.24 are current with the International Code Council (ICC). Participation in the ICC Renewal Program or Certification Maintenance Program is required to keep an ICC code certification current. The applicant will be required to submit evidence of current certification at the request of the department; and

(5) the applicant submits an up-to-date organization chart in accordance with §70.22 and §70.23 at the time of renewal.

(c) Design review agencies, third party inspection agencies, third party inspectors, and third party site inspectors shall notify the department in writing within 10 days if:

(1) the name of the registrant is changed;

(2) the address of the registrant is changed;

(3) a partnership or corporation is created or exists or there is a change in 25% or more of the ownership of the business entity within a 12-month period;

(4) there are changes in principal officers or key supervisory personnel of the business entity; or

(5) there are changes in the key technical personnel of the agency or changes in the certifications of the technical personnel. Changes in the technical personnel of an agency or changes in the certifications may require review by the department to assure that the person still meets the criteria for approval as outlined in §§70.22, 70.23, and 70.24.

(d) An application for original registration or renewal may be rejected if any information contained on, or submitted with, the application is incorrect or incomplete. The certificate of registration may be revoked or suspended or a penalty or fine may be imposed for any violation of Chapter 1202, the rules and regulations in this chapter or administrative orders of the department, or the instructions and determinations of the council in accordance with §70.90 and §70.92.

(e) If a third party site inspector, third party inspector, third party inspection agency, or design review agency is not approved, the department shall forward a written explanation to the applicant setting forth the council's reasons for the disapproval and that the applicant may request an administrative hearing to determine if the application should be denied.

Source Note: The provisions of this §70.21 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409