28 Tex. Admin. Code § 5.4607 - Requirements for the Appointment of Temporary Qualified Windstorm Inspectors for a Limited Period on an As-Needed Basis
(a) Purpose. The purpose of this section is
to specify the procedures for the Commissioner of Insurance to appoint
temporary qualified inspectors for a specified limited period to conduct
inspections for windstorm and hail insurance pursuant to the Insurance Code
Article 21.49 §6A and to specify qualifications, requirements, and procedures
pursuant to the Insurance Code Article 21.49 §6A(d) for the appointment of
persons to perform such inspections.
(b) Public Hearing. The Commissioner may make
the temporary inspector appointments only upon a determination by the
Commissioner after notice and a public hearing pursuant to the Insurance Code
Article 21.49 §5A that qualified inspectors are not reasonably available in the
first tier coastal counties specified in Article 21.49 and/or in designated
catastrophe areas as defined by Article 21.49 §3(h). If the Commissioner makes
such a determination, the Commissioner shall issue an order specifying the
reasons for the determination, the designated catastrophe areas in which the
temporary inspector appointments are authorized, the types of inspections
temporary appointees are authorized to perform, the period of time for which
the appointments are effective, and any other requirements necessary to
properly ensure the availability of qualified inspectors as needed in the
designated catastrophe areas.
(c)
Qualifications.
(1) Persons appointed under
this section must meet the qualifications for appointment under this section
and shall perform inspections in accordance with the provisions of this
section, §§
5.4001-
5.4010 of this title (relating to
the Texas Windstorm Insurance Association plan of operation), §§
5.4601-
5.4605 of this title (relating to
inspections for windstorm and hail insurance), the Insurance Code Article 21.49
§6A, and the order issued by the Commissioner pursuant to subsection (b) of
this section. The following persons are eligible to apply for an appointment as
a temporary qualified inspector:
(A) a person
who is certified as a coastal construction inspector by the International Code
Council and who has at least two years of construction, design or inspection
experience on buildings or structures located in high wind areas; this may
include a person employed full-time by a municipality of this state who meets
the qualifications as stated in this paragraph; or
(B) a Texas registered architect with
construction, design or inspection experience on buildings or structures
located in high wind areas; or
(C)
any person with experience, education, or training in programs at an accredited
university which shall include at a minimum successful completion of at least
two years of technical or university training in the field of civil or
architectural engineering, the field of architecture, or the field of
construction technology or construction science and at least two years of
construction, design or inspection experience on buildings or structures
located in high wind areas.
(2) Persons applying under the requirements
of paragraph (1)(A) of this subsection must affirm to the Commissioner through
a sworn statement the current, active, and good-standing status of their
certification and/or shall also provide a Certification of Employment affidavit
from the municipality as applicable.
(3) Persons applying under the requirements
of paragraph (1)(B) of this subsection must affirm to the Commissioner through
a sworn statement the current, active, and good-standing status of the
architect's registration through the Texas Board of Architectural
Examiners.
(4) Persons applying
under the requirements of paragraph (1)(C) of this subsection must provide a
certified copy of a completed degree, if any; certificate; or
transcript.
(d)
Definitions. For the purposes of this section, the following words and terms
shall have the following meanings:
(1)
Appointee--A person who has been issued a temporary appointment as a qualified
inspector under this section.
(2)
Commissioner--Commissioner of Insurance of the State of Texas.
(3) Department--Texas Department of
Insurance.
(4) Person--An
individual and includes a resident or non-resident of this state.
(e) Application. A person applying
for a temporary inspector appointment under this section must complete and file
an application on a form prepared, maintained, and obtainable from the
Department.
(f) Training. An
appointee must attend within 30 days of the person's appointment a two-hour
orientation and training session provided by the Department at one of its field
offices or in Austin, Texas.
(g)
Financial interest prohibitions. An appointee must not have a financial
interest either directly or indirectly in or be employed by a business that is
financially interested either directly or indirectly in the furnishing of
labor, material, or appliances for the construction, alteration, or maintenance
of any building, nor have current employment or accept compensation or accept
other employment or compensation during the period of appointment which could
reasonably be expected to impair the appointee's independence of judgment in
the performance of inspections pursuant to this section.
(h) Inspection forms. An appointee shall
comply with and utilize all windstorm inspection forms required by §
5.4604 of this title (relating to
appointment of engineers as qualified inspectors), with such forms modified to
substitute "appointed temporary inspector" for "engineer" as
applicable.
(i) Department
oversight. Except as otherwise provided in this section, an appointee is
subject to all provisions of §
5.4604 of this title including
oversight by the Department as specified in subsection (h) of §5.4604. If there
is a conflict between the provisions of this section and the provisions of §
5.4604 of this title, this section
controls.
(j) Delegation
prohibition. An appointee is prohibited from delegating the duties under this
section to any other person. The delegation/assistance provision of subsection
(g)(5) of §
5.4604 of this title shall not
apply to an appointee,
(k) Limited
authorization.
(1) An appointee is only
authorized to perform inspections of structures for insurability for windstorm
and hail insurance as provided in the Commissioner's order issued pursuant to
subsection (b) of this section. No other types of inspections by the temporary
inspector appointees will be considered valid for purposes of the Insurance
Code Article 21.49.
(2) An
appointment made under this section is valid only for the designated
catastrophe areas and period of time specified by the Commissioner in the
Commissioner's order issued pursuant to subsection (b) of this section; at the
end of such period or upon action by the Department, the appointment will
expire.
(l)
Administrative remedies. In addition to any other remedy available under the
Insurance Code Article 21.49 §6A, and Chapters 82 and 84, and §
5.4604 of this title (relating to
appointment of engineers as qualified inspectors), the Department may issue an
emergency cease and desist order pursuant to the Insurance Code Chapter 83 to
any person who violates any provision of this subchapter or any other rule or
statute relating to inspections of structures to be considered insurable
property for windstorm and hail insurance.
(m) Severability clause. If a court of
competent jurisdiction holds that any provision of this section is inconsistent
with any statutes of this state, is unconstitutional, or is invalid for any
reason, the remaining provisions of this section shall remain in
effect.
Notes
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