28 Tex. Admin. Code § 5.4640 - Oversight
(a) Inspection oversight. An appointed
qualified inspector is subject to TDI's regulatory authority, which includes
oversight inspections conducted by TDI. TDI oversees all aspects of the
inspection and notification of compliance of ongoing improvements by an
appointed qualified inspector under Insurance Code Chapter 2210 and this
chapter.
(b) Certificate of
compliance oversight.
(1) Ongoing
Improvements. As part of TDI's oversight, TDI may audit the inspections on
structures for which it has received an Application for Windstorm Inspection
Certificate of Compliance, Form WPI-1, or an Inspection Verification, Form
WPI-2, including structures for which TDI has issued a Certificate of
Compliance, Form WPI-8. If TDI determines that a structure does not meet the
windstorm building code standards, TDI will not issue a Form WPI-8.
(2) Completed Improvements.
(A) TDI may deny an application for
certificate of compliance if the postconstruction evaluation report or
Certification Form for Completed Improvement, Form WPI-2E, is not fully
documented as required under §
5.4604 of this title (relating to
Certification Form for Completed Improvement) or §
5.4606 of this title (relating to
Supporting Evidence for Sealed Postconstruction Evaluation Report and Design
for Certificate of Compliance for Completed Improvement). TDI may audit,
inspect, or both audit and inspect structures for which it has received a
Certificate of Compliance for Completed Improvement submission in its Windstorm
system.
(B) TDI may submit a formal
complaint to the Texas Board of Professional Engineers and Land Surveyors
related to the engineering work of a professional engineer, as reflected in the
sealed postconstruction evaluation report or other materials submitted by an
engineer under §
5.4604 and §
5.4606 of this title.
(C) TDI may audit, inspect, or both audit and
inspect structures for which TDI has issued a Certificate of Compliance for
Completed Improvement (Engineered), Form WPI-8E.
(c) Types of oversight audits. TDI may
conduct an oversight audit of an appointed qualified inspector by any one, or a
combination, of the following methods.
(1)
TDI may conduct an audit of an appointed qualified inspector based on documents
and other information submitted to TDI.
(2) TDI may conduct an on-site audit at the
appointed qualified inspector's place of employment or ongoing improvement for
which TDI has received a Form WPI-1 or a Form WPI-2.
(d) Notification of audits.
(1) In all audits in which TDI asks the
appointed qualified inspector to bring substantiating information to the audit,
TDI will expect the audit to take place no less than 15 days after the
appointed qualified inspectors receives notice of the audit.
(2) The appointed qualified inspector may
request a shorter time frame if a notice period in this subsection would cause
a delay in the construction schedule.
(e) Information for oversight audits. In the
process of conducting an oversight audit, TDI may require the appointed
qualified inspector to provide:
(1)
documentation described in §
5.4626 of this title (relating to
Substantiating Information); and
(2) any other information maintained by the
appointed qualified inspector that will demonstrate that the ongoing
improvement complies with the appropriate windstorm building code standards,
and that the ongoing improvement is eligible for association
insurance.
(f) Burden of
verification. For oversight audits, the appointed qualified inspector bears the
burden of verifying, under §
5.4622 of this title (relating to
Inspection Verification), that the ongoing improvement complies with the wind
load requirements of the applicable building code.
(g) Requirement to provide information. The
appointed qualified inspector must provide information related to an audit in
the same manner and time frame as required in §
5.4615(5) of
this title (relating to General Responsibilities of Appointed Qualified
Inspectors). Failure to provide the information requested by TDI under this
section may result in the nonissuance of a Certificate of Compliance, Form
WPI-8 for the ongoing improvement, and the appointed qualified inspector may be
subject to disciplinary action by TDI, as described in §
5.4642 of this title (relating to
Disciplinary Action).
Notes
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