16 Tex. Admin. Code § 70.21 - Registration of Design Review Agencies, Third Party Inspection Agencies and Inspectors, and Third Party Site Inspectors
(a)
Pursuant to the criteria established by the council as set forth in
§§ 70.22, 70.23, and 70.24 the executive director will recommend
qualified design review agencies, third party inspection agencies, third party
inspectors, and third party site inspectors to the council for approval. An
application for approval shall be submitted in writing to the executive
director for consideration and recommendation to the council.
(1) The application shall be on the form, and
contain such information, as may be required by the department and the
council.
(2) The application shall
be accompanied by the fee set forth in § 70.80.
(3) The application will be reviewed by
department staff for compliance to the criteria for approval outlined in this
section. Applicants that meet the criteria for approval will be recommended to
the council for approval at the next meeting. The department may issue interim
approval to applicants found to comply with the criteria for
approval.
(b) If the
application is approved by the council, it shall be filed with the department
as the registration of the applicant as a design review agency, a third party
inspection agency, a third party inspector, or a third party site inspector to
perform specific functions. The department shall issue a certificate of
registration that shall state the specific functions that the registrant is
approved to perform. The certificate of registration shall be valid for a
12-month period. This registration shall be a continuous registration so long
as:
(1) the information required by this
section is updated in accordance with subsection (c);
(2) the registration is renewed annually and
the annual fee is paid;
(3) the
applicant continues to comply with the criteria for approval established by the
council as set forth in §§ 70.22, 70.23, and 70.24;
(4) the applicant certifies at the time of
renewal of his registration that the code certifications required by
§§ 70.22, 70.23, or 70.24 are current with the International Code
Council (ICC). Participation in the ICC Renewal Program or Certification
Maintenance Program is required to keep an ICC code certification current. The
applicant will be required to submit evidence of current certification at the
request of the department; and
(5)
the applicant submits an up-to-date organization chart in accordance with
§ 70.22 and § 70.23 at the time of renewal.
(c) Design review agencies, third party
inspection agencies, third party inspectors, and third party site inspectors
shall notify the department in writing within 10 days if:
(1) the name of the registrant is
changed;
(2) the address of the
registrant is changed;
(3) a
partnership or corporation is created or exists or there is a change in 25% or
more of the ownership of the business entity within a 12-month
period;
(4) there are changes in
principal officers or key supervisory personnel of the business entity;
or
(5) there are changes in the key
technical personnel of the agency or changes in the certifications of the
technical personnel. Changes in the technical personnel of an agency or changes
in the certifications may require review by the department to assure that the
person still meets the criteria for approval as outlined in §§ 70.22,
70.23, and 70.24.
(d) An
application for original registration or renewal may be rejected if any
information contained on, or submitted with, the application is incorrect or
incomplete. The certificate of registration may be revoked or suspended or a
penalty or fine may be imposed for any violation of Chapter 1202, the rules and
regulations in this chapter or administrative orders of the department, or the
instructions and determinations of the council in accordance with § 70.90
and § 70.92.
(e) If a third
party site inspector, third party inspector, third party inspection agency, or
design review agency is not approved, the department shall forward a written
explanation to the applicant setting forth the council's reasons for the
disapproval and that the applicant may request an administrative hearing to
determine if the application should be denied.
Notes
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