SECTION 70.22. Criteria for Approval of Design Review Agencies

(a) An agency seeking council approval as a design review agency (DRA) shall submit a written application to the executive director. The application will indicate the agency's name, address, and the telephone number of each office in which design review services are to be performed.

(b) The application will include the following information.

(1) An organizational chart indicating the names of the managerial and technical personnel responsible for design review functions within the agency. The chart must indicate the area or areas of review for with the technical personnel are responsible.

(2) A resume for each person listed in the organizational chart indicating academic and professional qualifications, experience in related areas, and specific duties within the agency. All certifications shall be current with ICC.

(3) Complete documentation, including, but not limited to:

(A) examples of data sheets or other forms used to analyze construction and equipment;

(B) preliminary and final reports; and

(C) an agency compliance assurance manual to substantiate the agency's ability to evaluate building systems and compliance control manuals for compliance with standards. Evidence must be presented in the areas of structural, mechanical, electrical, plumbing, building planning, and fire safety. The documentation should include an example of a building system or compliance control manual which the agency has evaluated for compliance with a code or set of standards.

(4) A statement of certification signed by the agency manager or chief executive officer that:

(A) its board of directors, as a body, and its managerial and technical personnel, as individuals, are free to exercise independence of judgment in the performance of their duties within the agency;

(B) its activities pursuant to the discharge of responsibility as a design review agency will not result in financial benefit to the agency via stock ownership or other financial interest in any producer, supplier, or vendor of products involved, other than through standard fees for services rendered;

(C) the agency will consistently and uniformly implement the policies and determinations of the council with regard to interpretations of the standards and rules;

(D) the agency will not provide design services or prepare compliance control manuals for manufacturers for whom it acts as a design review agency;

(E) all information contained in the application for approval as a design review agency is true, timely, and correct; and

(F) all future changes will be immediately communicated to the department.

(5) A list of states in which the agency is currently approved to provide similar services.

(c) The minimum personnel requirements and qualifications shall be as follows.

(1) The manager or chief executive officer shall have:

(A) a minimum of four years of plans examination, design, construction, or manufacturing experience in the building industry, or any combination thereof; and

(B) licensure as a professional engineer or architect in the State of Texas. The applicant's license number must be included on the resume.

(2) Technical staff members may qualify for more than one discipline. The agency does not need to have an individual staff member for each discipline. The technical staff shall consist of the following positions.

(A) The structural reviewer shall have:

(i) a bachelor's degree with specialized course work in structures in civil, structural, or architectural engineering or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year structural engineering experience related to buildings; and

(iii) certification as a building plans examiner as granted by ICC.

(B) The mechanical reviewer shall have:

(i) a bachelor's degree in engineering with specialized course work in HVAC Systems or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year mechanical engineering experience related to buildings; and

(iii) certification as a commercial mechanical inspector as granted by ICC.

(C) The electrical reviewer shall have:

(i) a bachelor's degree in engineering with specialized course work in electrical engineering or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year electrical engineering experience related to buildings; and

(iii) certification as a commercial electrical inspector as granted by ICC.

(D) The plumbing reviewer shall have:

(i) a bachelor's degree in engineering with specialized course work in hydraulics or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year plumbing experience related to buildings; and

(iii) certification as a plumbing inspector as granted by ICC.

(E) The building planning reviewer shall have:

(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year experience related to building planning; and

(iii) certification as a building plans examiner as granted by ICC.

(F) The fire safety reviewer shall have:

(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year experience in fire protection engineering related to buildings; and

(iii) certification as a fire plans examiner as granted by ICC.

(G) The accessibility reviewer shall have:

(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year experience in accessibility reviews related to buildings;

(iii) completed the Texas Accessibility Academy and passed an examination approved by the department.

(3) A minimum of eight years of creditable experience in engineering or architectural practice indicative of growth in engineering or architectural competency and responsibility is an acceptable service equivalent for academic requirements. This experience may be counted concurrently for those wishing to show service equivalency in more than one field. To be considered creditable, experience must satisfy the requirements outlined in the Texas Board of Professional Engineers Board Rules concerning the Practice of Engineering and Professional Engineering Licensure, or the Texas Board of Architectural Examiner Rules and Regulations of the Board Regulating the Practice of Architecture.

Source Note: The provisions of this §70.22 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective March 15, 2020, 45 TexReg 1674