Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 28. INSURANCE |
PART 1. TEXAS DEPARTMENT OF INSURANCE |
CHAPTER 5. PROPERTY AND CASUALTY INSURANCE |
SUBCHAPTER E. TEXAS WINDSTORM INSURANCE ASSOCIATION |
DIVISION 7. INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE |
SECTION 5.4606. Supporting Evidence for Sealed Postconstruction Evaluation Report and Design for Certificate of Compliance for Completed Improvement
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(a) "Supporting evidence" includes: (1) product evaluations; (2) installation instructions from the manufacturer for the product; (3) test data; (4) written evidence from inspections--for example, an inspection report; (5) photographs; (6) video recording; (7) plans, either as-built plans (plans that demonstrate compliance with the applicable building code for the design of the structure), design drawings, shop drawings, or sketches; or (8) any other documentation or other form of evidence that supports statements made in the application, design, or postconstruction evaluation report submitted to TDI, as applicable. (b) To verify that an engineer's postconstruction evaluation report confirms the completed improvement's compliance with the applicable building code under the plan of operation, as required under §5.4604 of this title (relating to Certification Form for Completed Improvement), it must include supporting evidence. TDI may also request supporting evidence, as applicable, to verify an engineer's application, sealed design, or affirmation under §5.4604(a) of this title. The supporting evidence may include the following, as related to the part of the structure being certified. (1) Roof covering certifications. (A) Supporting evidence identifying all products and components included in the scope of the certification, including roof covering, fasteners, underlayment, roof deck, roof vents, skylights, and all other parts of the roof-covering assembly. (B) Manufacturer's installation instructions, product evaluation reports, or test laboratory reports, and code-required installation requirements for all components included in the scope of certification (for example, see subparagraph (A) of this paragraph). (C) Supporting evidence that the components of the installed building products meet or exceed the code-required design pressures. (D) Supporting evidence verifying that the roof covering, roof vents, and skylights are installed according to the manufacturer installation instructions, product test reports, and specifications in the applicable windstorm building code. (E) Applicable information listed in §5.4626 of this title (relating to Substantiating Information). (2) Building product certifications. (A) Supporting evidence identifying all products included in the scope of the certification, including windows, side-hinged doors, sliding doors, overhead doors (sectional or rolling), exterior wall coverings, and other applicable building products. (B) Manufacturer's installation instructions; product evaluation, reports, or test laboratory reports; product certifications; and code-required installation requirements for the building products included in the scope of the certification. (C) Supporting evidence verifying that design-pressure ratings for all building products meet or exceed the required design pressures as specified in the applicable windstorm building code for the installation. (D) Supporting evidence verifying that the building products that are required by the applicable windstorm building code were certified by a certification agency, such as the Window & Door Manufacturers Association or the American Architectural Manufacturers Association; are properly labeled; and have valid certifications. (E) Supporting evidence recording all information on certification labels and verifying that the product test pressure exceeds code-required design pressure, and that building products are within the maximum size tested on each label and are installed exactly as tested. (F) Supporting evidence specifying the minimum design pressures required by the applicable windstorm building code. (G) Applicable information listed in §5.4626 of this title. (H) Where the applicable windstorm building code requires windborne debris protection, supporting evidence either verifying the product is impact-resistant or protected with a windborne debris protection system. Where the applicable code requires windborne debris protection, the protection must be installed according to manufacturers' instructions and product test reports. (3) Entire new building, existing building, or a new addition to an existing structure. (A) Supporting evidence verifying complete load path as specified by the applicable windstorm building code, including connections between roof, walls, floor, and foundation. (B) Supporting evidence verifying roof coverings as specified under paragraph (1) of this subsection. (C) Supporting evidence verifying building products as specified under paragraph (2) of this subsection. (D) Building plans, such as structural drawings from the engineer of record or as-built plans that demonstrate compliance with the applicable windstorm building code. The plans must show items such as lateral resisting elements, wall framing, roof framing, floor framing, and other pertinent elements of the structure that are included in the scope of work for the certification. (E) Supporting evidence verifying the foundation system, such as existing plans or as-built plans. The plans must show the location of anchors, ties, or straps; pile locations; or other pertinent elements of the structural system that are included in the scope of work for the certification. (F) For additions, supporting evidence verifying whether the addition is attached or detached from main structure. If the addition is attached, the supporting evidence must specify the load on the existing structure, the load imposed by the addition on the existing structure, and if the existing structure and the connection will satisfy the combined loading. Attached additions rely on the existing structure for stability and strength. Detached additions are independent of the existing structure. Supporting evidence must also verify load path from addition to existing structure, if applicable. (G) Applicable information listed in §5.4626 of this title. (c) Failure to provide the documents requested by TDI could result in a denial of a Certificate of Compliance for Completed Improvement (Engineered), Form WPI-8E, or other action taken by TDI as stated in §5.4640 of this title (relating to Oversight) or §5.4642 of this title (relating to Disciplinary Action). (d) For each component inspected, including roof, window, door, garage door, or exterior cladding, the engineer listed on the certificate of compliance for completed improvement must retain the supporting evidence and applicable information described in this section for that component for five years from the date of the most recent certification application submitted on the structure. (e) All supporting evidence must be submitted to TDI electronically using either the Windstorm system or by email to windstorm@tdi.texas.gov. The Windstorm system can be accessed on TDI's website. Source Note: The provisions of this §5.4606 adopted to be effective October 19, 2020, 45 TexReg 7425; amended to be effective January 23, 2023, 48 TexReg 222