SECTION 70.63. Council's Responsibilities--Compliance Disputes

(a) The council shall resolve any dispute, disagreement, or difference of opinion between the design review agency (or department when acting as a design review agency) and a local building official as to whether the approved design package meets or exceeds the requirements of the mandatory building codes set forth in this chapter. The council's decision shall be binding on all parties.

(b) Questions concerning the code compliance of an approved design package shall be raised prior to issuance of a building permit. The local building official shall forward in writing to the executive director any instances where it is found that the approved design package for a building to be located within his municipality does not meet the mandatory building codes adopted in this chapter. The documentation shall specify the code sections and the reasons why the design package fails to meet the mandatory building codes.

(1) If the approved design package is found to be in compliance, then the executive director shall notify all concerned parties and the local building official shall issue a building permit.

(2) If the approved design package is not in compliance, then the executive director shall notify all concerned parties and the industrialized builder or manufacturer shall bring the building into compliance with the mandatory building codes.

(3) If the building official, industrialized builder, or manufacturer disagrees with the decision of the executive director, then the council shall determine at the next scheduled meeting if the approved design package complies with the mandatory building codes. The decision of the council shall be binding on all parties.

(c) The executive director shall attempt to resolve a dispute or difference of opinion concerning the code compliance of an approved design package or a unit under construction between a manufacturer and the third party inspector during an in-plant inspection. Disputes or differences of opinion that cannot be resolved by the executive director shall be forwarded to the council for resolution at their next scheduled meeting. The decision of the council shall be binding on all parties.

(d) The executive director shall attempt to resolve a dispute or difference of opinion between an industrialized builder or installation permit holder and a local building official or third party inspector or third party site inspector concerning the code compliance of the construction of the foundation or installation of an industrialized house or building. Disputes or differences of opinion that cannot be resolved shall be forwarded to the council at their next scheduled meeting. The decision of the council shall be binding on all parties.

Source Note: The provisions of this §70.63 adopted 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