TEXAS INDUSTRIALIZED BUILDING CODE COUNCIL MEETING
Meeting of March 7, 2014
North Campus Building, 1st Floor Public Meeting Room
1106 Clayton Lane - Austin, Texas
Summary of Minutes
Presiding Officer Rolando Rubiano, called the meeting to order at 1:01 p.m.
Presiding Officer, Rolando Rubiano, moved to agenda item B., Roll Call and Certification of Quorum. Members present were Rolando Rubiano, Roland Brown, Randy Childers, Steve Fitzpatrick, William “Dub” Smith, Scott McDonald, Jesse Rider, Douglas Robinson, and Larry Wilkinson. Council members Eddie Martin and Mark Remmert were absent. A roll call verified that a quorum was present. The Council unanimously voted to excuse the absences of Eddie Martin and Mark Remment.
Presiding Officer, Rolando Rubiano, moved to agenda item C., Approval of minutes- Meeting of August 2, 2013. Council member, Randy Childers seconded by Doug Robinson, made a motion to approve the minutes with a correction to Mark Remment’s name from Doug Remmert. The motion passed by unanimous vote.
Presiding Officer, Rolando Rubiano, moved to agenda item D., Public Comments. DJ Penndleton asked to present his comments during the rules discussion.
Presiding Officer, Rolando Rubiano, moved to agenda item E., Staff Reports. Executive Office - Bill Kuntz; Compliance Division – Donna Lipke; Enforcement Division – John Medlock; and Licensing Division – Chloe Adkins provided staff reports.
Presiding Officer, Rolando Rubiano, moved to agenda item F., Discussion and possible action, including possible recommendation to the Commission for adoption, proposed amendments to 16 Texas Administrative Code (TAC) Chapter 70, §§70.10, 70.25, 70.50, 70.51, 70.62, 70.70, 70.73-70.75, and 70.78, relating to the Industrialized Housing and Buildings (IHB) program. This rule proposal is primarily to implement SB 672, 83rd Legislature. Della Lindquest, Assistant General Counsel and Donna Lipke, Program Specialist provided an overview of the proposed rules and outlined the changes:
70.10 (14) adds a new definition for Final On-Site Inspection;
70.10 (20) clarifies the section numbers referenced in the rules;
70.25 clarifies the section numbers referenced in the rules regarding permits;
70.50 reformatted for clarity of record keeping requirements for purpose of auditing;
70.51(c) (2) added clarification to the types of reports that can be requested;
70.62 added responsibilities of local building officials;
70.70(e) realigned the section numbers;
70.73 adds clarification of the registrants responsibilities (several changes for cleanup clarification and consistency);
70.74 changes to referenced section number;
70.75 added a new (9) and (10); and
70.78 added new language at section (c)
Assistant General Counsel, Della Lindquest and Program Specialist, Donna Lipke reviewed the rules and related the comments received during the public comment period.
70.10 - Staff received one comment and amended the language in accordance with the comment. Council member, Roland Brown, seconded by Larry Wilkinson, made a motion in support of the proposed change to the rule. Motion passed by a unanimous vote.
70. - Staff noted that one commenter stated that there may be a possible economic impact of this rule change. The Board heard public comment from DJ Penndleton.
70.50(b) - Staff received three comments and recommended some changes in response to the comments received. Council heard public comment from Martin Montgomery. Discussions with Council and staff proposed some revisions. Council member, Doug Robinson, seconded by Larry Wilkinson, made a motion to approve language as discussed by Council and read by Della Lindquest. Motion passed by a vote of 8-1, Childers opposed.
70.50(c) – Staff received no public comment. Council and staff discussed the proposed rule and suggested some changes. Council member, Randy Childers, seconded by Jesse Rider, made a motion in support of the proposed change to the rule. Motion passed by a unanimous vote.
70.62(a) – Staff received three comments and recommended new language in response to written comments. Staff and Council discussed the proposed changes and proposed new language. Council member Scott McDonald, seconded by Steve Fitzpatrick, made a motion to accept the language read by staff incorporating the discussed changes. The motion passed by a vote of 8-1 with Wilkinson opposed.
70.73(d) (1) – Staff received three comments but did not propose any changes based on the comments. Staff and Council discussed an amendment to the language and proposed adding “for occupancy” to the last line. Council member, Doug Robinson, seconded by Scott McDonald, made a motion in support of the proposed change to the rule. Motion passed by a unanimous vote.
70.73(f) (7) (c) Staff received 3 comments. Staff and Council discussed proposed changes. Council heard public comment from Martin Montgomery and DJ Penndleton. Council member Doug Robinson, seconded by Jesse Rider, made a motion to amend 5 days to 15 and provide copies of the other onsite inspection reports upon request. Motion passed by a unanimous vote.
70.75(c) (3) – Staff received one comment and did not propose any changes. Council and staff discussed the proposed rule and comment and did not recommend any changes.
70.78 – Staff received three comments and proposed changes based on the comments. Council and staff discussed the change and heard public comment from DJ Penndleton and Martin Montgomery. Council member, Doug Robinson, seconded by Scott McDonald, recommended changes proposed by staff. The motion passed by unanimous vote.
Council member, Dubb Smith, seconded by Jesse Rider, made a notion that the entire rules package be presented to the Commission for adoption. The motion passed by unanimous vote.
Presiding Officer, Rolando Rubiano, moved to agenda item G., Discussion and possible action regarding proposed amendments to 16 Texas Administrative Code (TAC) §§70.10, 70.60, and 70.70(c) allowing the department to approve 100% inspection of a house or building under certain conditions. Donna Lipke, Engineering Specialist, presented the proposed rules changes which would allow the Executive Director to approve 100% inspection of a building. Council member, Scott McDonald, seconded by Randy Childers, made a motion to recommend approval of the proposed rules to the Commission. The motion passed by unanimous vote.
Presiding Officer, Rolando Rubiano, moved to agenda item H., Discussion and possible action regarding approval of third party inspectors, third party inspection agencies, and design review agencies. Donna Lipke presented information on the proposed inspectors for final approval as third party inspectors. Council member, William Smith, seconded by Larry Wilkinson, made a motion to approve the third party inspectors as presented. The motion passed by unanimous vote.
Presiding Officer, Rolando Rubiano moved to agenda item J., Recommendations for agenda items for next Council meeting. The Council recommended that the following items be included on the next meeting agenda: discussion and review of 16 Texas Administrative Code (TAC) §§70.10, 70.60, and 70.70(c) and procedure for implementing the rules.
Presiding Officer, Rolando Rubiano, moved to agenda item K., Discussion of date, time, and location of next Council meeting. The Council did not set a date for the next meeting but requested the next meeting may be held in April or May.
Presiding Officer, Rolando Rubiano, moved to agenda item L., Adjournment. Council member, McDonald, seconded by Randy Childers, made a motion to adjourn the meeting. The meeting was adjourned at 5:48 p.m.
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Rolando Rubiano, Presiding Officer
Texas Industrialized Building Code Council