SECTION 70.79. Responsibilities of the Registrants--Site-built REF Construction and Inspection

(a) Responsibility for construction. The REF builder shall be responsible for assuring that the foundation and all construction pertaining to the REF complies with the approved construction documentation required by §70.70(b) and (e) and the mandatory building codes. The REF builder is responsible for assuring that all sub-contractors are licensed as required by applicable state law.

(b) Responsibility for inspections within jurisdiction of a municipality. When the building site is within a municipality that has a building inspection agency or department, the local building official will inspect all construction to assure that it complies with the approved construction documents and the mandatory building codes.

(1) The municipality may require and review, for compliance with the mandatory building codes, a complete set of construction documents, and any other construction documents necessary to complete construction of the REF in accordance with §70.70(e).

(2) The REF builder shall not permit occupation of the building until a certificate of occupancy has been issued.

(c) Responsibility for inspections outside the jurisdiction of a municipality. When the building site is outside a municipality, or within a municipality that has no building inspection department, a council-approved inspector shall perform the required inspections in accordance with this section and the inspection procedures of the council to assure completion in accordance with the approved construction documents, other construction documentation approved in accordance with §70.70(c), and the mandatory building codes.

(1) The REF builder is responsible for scheduling inspections and assuring that the inspector is given a minimum of 48 hours notice before each inspection. The REF builder may utilize a different inspector for different projects, but may not change the inspector for a project once started without prior written approval of the department.

(2) The REF builder shall assure that the following inspections are completed in accordance with the inspection procedures of the council. Inspections may be combined where appropriate and the inspector determines that the completion of one stage does not does not interfere with the inspection of another stage. These inspections are minimum requirements and shall not limit the scope of the inspections that may be necessary to adequately inspect the building. Additional inspections may also be required to assure compliance of actions taken to correct violations.

(A) First inspection--Temporary or construction power.

(B) Second Inspection--Plumbing rough/Water and sewer.

(C) Third inspection--Foundation and reinforcement/Water supply lines/Building drain lines.

(D) Fourth inspection--Frame and exterior sheathing/Plumbing top-out/Mechanical rough/Electrical rough/Lead test.

(E) Fifth inspection--Frame re-inspection and or insulation/Energy compliance.

(F) Sixth inspection--Wallboard.

(G) Seventh inspection--Gas lines/Electrical meter loop.

(H) Eighth inspection--Building final/Mechanical final/Plumbing final/Electrical final/Attachment of decal.

(3) The inspector shall provide the REF builder a copy of the inspection reports upon completion of each phase of the inspection. If the inspection finds that the construction does not meet the mandatory building codes, the approved construction documents, or other construction documents in accordance with §70.70(c), then the inspection report shall include a list of violations. The REF builder is responsible for assuring that all violations are corrected and inspected prior to occupation of the building or attachment of the decal or decals.

(4) The REF builder shall not permit occupancy, or release the building for occupation, until a successful final inspection has been completed. A final inspection report shall be issued showing no outstanding violations prior to occupation or release of the building for occupation. Exception: Occupancy of the building may be permitted and approved with outstanding items provided that these items are not in violation of the mandatory building codes.

(A) A successful final inspection means that all construction has been completed, that all violations have been corrected, and that the construction has been found to comply with the mandatory building codes and all construction documents.

(B) The REF builder shall maintain a copy of each inspection report for a minimum of 10 years from the date of successful final inspection and make a copy of the report available to the department upon request.

(C) The REF builder shall not attach the decal or decals until a successful final inspection has been completed.

Source Note: The provisions of this §70.79 adopted to be effective January 1, 2010, 34 TexReg 9409