SECTION 5.4008. Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired or to Which Additions Are Made On and After September 1, 1998, and before February 1, 2003

(a) Areas Seaward of the Intracoastal Canal. To be eligible for catastrophe property insurance, structures located in designated catastrophe areas which are seaward of the Intracoastal Canal and constructed, repaired, or to which additions are made on and after September 1, 1998, and before February 1, 2003, shall comply with the Building Code for Windstorm Resistant Construction. The Texas Department of Insurance adopts by reference the Building Code for Windstorm Resistant Construction, effective September 1, 1998. Amendments to the Building Code for Windstorm Resistant Construction are adopted by reference to be effective June 1, 2002. Any Application for Windstorm Building Inspection, Form WPI-1, submitted pursuant to this subsection will be accepted through May 31, 2003.

(b) Areas Inland of the Intracoastal Canal and Within Approximately 25 Miles of the Texas Coastline and east of the Specified Boundary Line and Certain Areas in Harris County.

(1) To be eligible for catastrophe property insurance, structures located in designated catastrophe areas specified in paragraphs (2)(A) and (2)(B) of this subsection and constructed, repaired, or to which additions are made on and after September 1, 1998, and before February 1, 2003, shall comply with the Building Code for Windstorm Resistant Construction which is adopted by reference in subsection (a) of this section and any applicable amendments adopted by reference to be effective June 1, 2002. Any Application for Windstorm Building Inspection, Form WPI-1, submitted pursuant to this subsection will be accepted through May 31, 2003.

(2) Structures, as specified in paragraph (1) of this subsection, in the following areas are subject to the Building Code for Windstorm Resistant Construction.

(A) Areas located east of the following boundary line, except for areas inside the city limits of a city or town divided by the boundary line:

(i) Cameron, Willacy, Kenedy, and Kleberg Counties. Moving south to north in Cameron County beginning at the intersection of the international border of Mexico and the United States following the western city limits of the City of Brownsville, Texas, north to the intersection of the western city limits of the City of Brownsville, Texas, with U.S. Highway 77; continuing along U.S. Highway 77 through the counties of Cameron, Willacy, Kenedy, and Kleberg;

(ii) Nueces County. Beginning at the Kleberg/Nueces County line intersection with U.S. Highway 77 and continuing northeasterly along U.S. Highway 77 to the intersection of U.S. Highway 77 and the southwestern city limits of the City of Corpus Christi, Texas, following the western city limits of the City of Corpus Christi, Texas, north to the Nueces/San Patricio County line;

(iii) San Patricio and Refugio Counties. Beginning at the Nueces/San Patricio County line intersection with U.S. Highway 77 and continuing northeast along U.S. Highway 77 to the intersection of U.S. Highway 77 and U.S. Highway B77 north through Sinton, Texas, to the intersection of U.S. Highway B77 and U.S. Highway 77 north of Sinton, Texas, and continuing north along U.S. Highway 77 through the counties of San Patricio and Refugio;

(iv) Aransas County. (All of Aransas County is east of the boundary line);

(v) Calhoun County. Beginning at the Refugio/Victoria County line intersection with U.S. Highway 77 and continuing east along the Refugio County line to the intersection with the Calhoun County line and following north and east along the Calhoun County line to the intersection of the Calhoun/Matagorda County line;

(vi) Matagorda and Brazoria Counties. Beginning at the Jackson/Matagorda County line intersection with F.M. Road 616 and continuing northeasterly to the intersection of F.M. Road 616 with State Highway 35; continuing northeasterly along State Highway 35 through Matagorda and Brazoria County to the intersection of State Highway 35 with F.M. Road 521; continuing north along F.M. Road 521 to the intersection of F.M. Road 521 with F.M. Road 523; continuing northeasterly along F.M. Road 523 to the intersection with the northwest city limits of the City of Angleton, Texas, and following the western city limits of the City of Angleton to the intersection of the city limits of the City of Angleton with F.M. Road 523; continuing along F.M. 523 to the intersection of F.M. Road 523 with State Highway 35; continuing along State Highway 35 to the intersection of State Highway 35 with State Highway 6, continuing east on State Highway 6 to the Brazoria/Galveston County line;

(vii) Galveston County. Beginning at the Brazoria/Galveston County line intersection with State Highway 6 and continuing northward along the Galveston County line to the southern city limits of the City of Friendswood, Texas; continuing to follow the eastern city limits of the City of Friendswood, Texas, north to the Galveston/Harris County line; continuing to follow the Galveston County line east to the intersection of the Galveston/Chambers/Harris County lines;

(viii) Chambers County. Continuing from the intersection of the Galveston/Chambers/Harris County lines north along the Harris/Chambers County line to the intersection of the Harris/Chambers/Liberty County line; continuing east along the Chambers/Liberty County line to the intersection of the Jefferson County line and continuing east and south along the Chambers/Jefferson County line to the intersection of Interstate Highway 10;

(ix) Jefferson County. Beginning at the Chambers/Jefferson County line intersection with Interstate Highway 10 and continuing northeasterly along Interstate Highway 10 to the intersection of Interstate Highway 10 with F.M. Road 365; continuing east along F.M. Road 365 to the intersection of F.M. Road 365 with Hillebrandt Road; continuing north along Hillebrandt Road to the intersection of Hillebrandt Road with West Port Arthur Road; continuing south along West Port Arthur Road to the city limits of the City of Beaumont, Texas; continuing to follow the southeastern city limits of the City of Beaumont, Texas, as it crosses through F.M. Road 3514, U.S. Highways 69, 96, and 287 and State Highway 347 and continuing to the intersection with the Jefferson/Orange County line. The areas located east of the specified boundary line include, but are not limited to, the areas inside the city limits of the cities of Brownsville, Corpus Christi, Portland, Rockport, Aransas Pass, Port Lavaca, Matagorda, Brazoria, Lake Jackson, Angleton, Galveston, Anahuac, Nederland, and Port Arthur.

(B) Areas located east of State Highway 146 and inside the city limits of the cities of Seabrook, La Porte, Shoreacres, Pasadena, and Morgan's Point (all in Harris County).

(c) Areas Inland and West of the Specified Boundary Line. To be eligible for catastrophe property insurance, structures located in designated catastrophe areas which are west of the boundary line specified in subsection (b)(2)(A) of this section and constructed, repaired, or to which additions are made on and after September 1, 1998, and before February 1, 2003; and structures located inside the city limits of cities and towns divided by the boundary line specified in subsection (b)(2)(A) of this section, and constructed, repaired, or to which additions are made on and after September 1, 1998, and before February 1, 2003, shall comply with the Standard Building Code, as amended May 8, 1973, and with the Windstorm Resistant Construction Guide, which is adopted by reference in §5.4007(b) of this title (relating to Applicable Building Code Standards in Designated Catastrophe Areas for Structures Constructed, Repaired, or to which Additions are Made Prior to September 1, 1998). These areas include, but are not limited to, the areas inside the city limits of the cities of Harlingen, Raymondville, Kingsville, Robstown, Sinton, Refugio, Bay City, Friendswood, Alvin, and Beaumont. Any Application for Windstorm Building Inspection, Form WPI-1, submitted pursuant to this subsection will be accepted through May 31, 2003.

(d) Periodic Review of Building Code Standards. The Building Code Advisory Committee, in accordance with Article 21.49 of the Insurance Code, shall review periodically, and at least on a bi-annual basis, the building code standards specified in this plan of operation and shall recommend to the Commissioner any changes to these standards that the committee deems appropriate.

Source Note: The provisions of this §5.4008 adopted to be effective July 21, 1997, 22 TexReg 6624; amended to be effective September 1, 1998, 23 TexReg 7581; amended to be effective December 21, 1998, 23 TexReg 12921; amended to be effective July 6, 2000, 25 TexReg 6326; amended to be effective November 2, 2000, 25 TexReg 10745; amended to be effective April 1, 2001, 26 TexReg 1151; amended to be effective May 30, 2002, 27 TexReg 4574; amended to be effective February1, 2003, 28 TexReg 683