SECTION 299.26. Construction Change Orders

(a) The owner shall submit any proposed changes to the approved construction plans and specifications to the executive director for review and approval as a construction change order as defined in §299.2(13) of this title (relating to Definitions). The construction change order must be signed, sealed, and dated by a professional engineer.

(b) The owner shall submit a construction change order before work starts on the proposed changes, if possible. If there is an emergency requiring immediate action, a construction change order may be submitted after the work is performed. However, the owner or the owner's professional engineer shall inform the executive director by telephone or electronic mail of the action being taken as soon as the situation allows, but no later than 24 hours after becoming aware of the emergency or the need for a change order. If the time needed for an approval of a change order will require that the construction be halted, the work may be performed once the construction change order is signed, sealed, and dated by the owner's professional engineer and submitted for review. However, if the construction change order is not approved, the owner shall be responsible for having any work performed or modified to reflect the approved construction change order, as needed.

(c) The executive director shall review a construction change order according to the most current version, at the time of the review, of the agency's Design and Construction Guidelines for Dams in Texas.

(d) The executive director may request that the owner submit a construction change order if, during construction, the executive director finds that changes to the construction plans and specifications are necessary to ensure the integrity of the dam.

(e) If the proposed construction change order would result in a change in the permitted water rights, the owner shall submit an application for an amendment of the water rights permit.

Source Note: The provisions of this §299.26 adopted to be effective January 1, 2009, 33 TexReg 10465