Texas Administrative Code › Title 28 - INSURANCE › Part 1 - TEXAS DEPARTMENT OF INSURANCE › Chapter 5 - PROPERTY AND CASUALTY INSURANCE › Subchapter E - TEXAS WINDSTORM INSURANCE ASSOCIATION › Division 7 - INSPECTIONS FOR WINDSTORM AND HAIL INSURANCE › Section 5.4607 - Requirements for the Appointment of Temporary Qualified Windstorm Inspectors for a Limited Period on an As-Needed Basis

Current through Reg. 49, No. 28; July 12, 2024
(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.