New Inspection Requirement for Homes Built in the County
By Stephen L. Polozola
For some, the idea of moving outside the city and into the rural parts of the county presents a sense of peacefulness and tranquility. This sense often results in homeowners building new homes in their rural oasis. Unfortunately, the construction of new homes in the county is not governed by the controls, building codes or inspections implemented by most municipalities. To address this concern, the Texas Legislature is implementing a new process where all new construction or remodel projects in the county must be inspected.
In 2003, the Texas Legislature attempted to address the quality of home construction by creating the Texas Residential Construction Commission. The initial purpose of the TRCC was to establish one residential building standard that would be used to evaluate the quality of construction. Additionally, an inspection process was created where a third-party inspector, who meets certain qualifications and is approved by the TRCC, will inspect the alleged construction defects, compare them to the warranty and issue a report and possible repair recommendations.
Though the state adopted the International Residential Code on January 1, 2002 as the building code for all new construction and remodeling, it has proven difficult to police the quality of construction of homes built in areas outside of a municipality. Most municipalities maintain a permitting process, adopt amendments to the building code, perform inspections, and issue a certificate that the house is ready for occupancy. Until recently, none of these protections, outside of the building code, were available to protect homeowners or builders when building in the county.
This past September, the Texas Legislature passed House Bill 1038. This bill created a requirement that homes built in unincorporated areas and other areas not subject to municipal inspections be inspected for compliance with the building code. Currently, the TRCC has proposed rules to implement this inspection process. Once these rules are adopted, this mandatory inspection process will go into effect for all new construction outside of municipalities beginning September 1, 2008.
This inspection process will require that new construction have a minimum of three inspections to ensure code compliance. The stages of construction that must be inspected are (1) the foundation, before placement of the concrete, (2) framing and mechanical systems, before being covered with sheetrock or other interior wall coverings, and (3) final inspection when the home is completed. For remodeling projects, the construction must be inspected at the same stages, if applicable, but at the very least upon substantial completion and before occupancy.
When implementing this inspection process, builders and homeowners are encouraged to reach agreement on the inspector to be used. While the TRCC has identified specific qualifications to become a fee inspector, it is important to ensure that the inspector you choose is well versed in the building code. To become a fee inspector, the individual must be a professional engineer or architect, a professional inspector licensed by the Texas Real Estate Commission, or a third-party inspector registered with the TRCC. Once the fee inspector has completed his inspections and filed his reports with the TRCC, then the TRCC will issue a Certificate of Completion to the homeowner. For the builder, this certificate represents another layer of protection (i.e., another set of eyes reviewing the quality of his work to ensure as few construction defects as possible are present). Additionally, a qualified inspector can detect potential problems and construction defects and save the builder thousands, if not tens of thousands, in repair costs, expert fees and possibly even attorney’s fees and court costs.
While we all recognize that no home is constructed perfectly and mistakes are sometimes made, this new inspection process should result in homes that are in greater compliance with the accepted residential building standards, safer, and with fewer construction defects.
Stephen L. Polozola is an attorney with Decker, Jones, McMackin, McClane, Hall & Bates P.C. in Fort Worth and focuses on residential construction. The commentary implies no specific legal advice. Contact Polozola at 817-336-2400 or spolozola@deckerjones.com