reglab/statecodes huggingface dataset:
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 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4261 - Qualifications and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A member of
					 the expert panel must have expertise in one or more of the following areas:
(1) geography of the Texas seacoast
					 territory;
(2) meteorology of the
					 Texas seacoast territory;
(3) the
					 scientific basis for determining the extent to which property damage is caused
					 by wind, waves, tidal surges, or rising waters not caused by waves or
					 surges;
(4) wind
					 engineering;
(5) structural
					 engineering;
(6) coastal
					 engineering;
(7) wave
					 engineering;
(8) flood engineering;
					 or
(9) the formation and flow of
					 waves or rising waters due to tropical cyclones.
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 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4262 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) Potential
					 conflicts. An applicant or member of the expert panel may have a conflict of
					 interest if the applicant or member of the expert panel:
(1) is an employee or a contractor of the
					 association;
(2) has a relative
					 within one of the degrees of relationship described by Government Code §
												573.002
					 who is an employee or contractor of the association;
(3) has an open claim with the
					 association;
(4) is a party to a
					 lawsuit against the association;
(5) is a former association employee or
					 contractor;
(6) is related, within
					 one of the degrees of relationship described by Government Code §
												573.002,
					 to a former association employee or contractor;
(7) is an association policyholder;
(8) has ever filed a claim with the
					 association;
(9) is an employee or
					 contractor of an insurance company;
(10) has been a party to a lawsuit against
					 the association; or
(11) has any
					 other direct or indirect interest, financial or otherwise, of any nature that
					 is in substantial conflict with the expert panel's duties.
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 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4263 - Selection

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner or the commissioner's
					 designee must, in his or her sole discretion, select the members of the expert
					 panel.
(b) When selecting a member
					 of the expert panel, the commissioner or the commissioner's designee may
					 consider:
(1) the applicant's education,
					 experience, and expertise;
(2) the
					 composition of the expert panel; and
(3) the applicant's ability to further the
					 purpose of the expert panel.
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 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4264 - Expert Panel Term

Current through Reg. 49, No. 28; July 12, 2024
(a) A member of the
					 expert panel must serve for a term set by the contract described in §
											5.4268
					 of this title (relating to Contracting, Compensation, and Expenses), except as
					 provided in subsections (b) and (c) of this section.
(b) At any time:
(1) the commissioner or the commissioner's
					 designee may review an expert panel member's performance; and
(2) the commissioner or the commissioner's
					 designee may remove an expert panel member from the panel under §
												5.4265
					 of this title (relating to Removal of Expert Panel Member).
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 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4265 - Removal of Expert Panel Member

Current through Reg. 49, No. 28; July 12, 2024
The commissioner or the commissioner's designee may, in
						his or her sole discretion, remove an expert panel member for:
(1) alleged dishonest, incompetent,
					 fraudulent, or unethical behavior;
(2) alleged failure to respond promptly and
					 completely to requests from the department, where the actions or failure to act
					 are counter to the purpose of the expert panel;
(3) a disciplinary action by any other agency
					 or disciplinary authority against the expert panel member, regardless of
					 whether the agency or disciplinary authority's regulation relates to the expert
					 panel;
(4) conviction of, or
					 acceptance of deferred adjudication for, a crime under state or federal
					 law;
(5) conflicts of interest as
					 determined by the commissioner; or
(6) undermining or impeding the purpose of
					 the expert panel.
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 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4266 - Expert Panel Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) The expert
					 panel must develop methods or models for determining the extent to which a loss
					 to insurable property, as defined in Insurance Code §
											2210.004,
					 may be or was incurred as a result of wind, waves, tidal surges, or rising
					 waters not caused by waves or surges in the catastrophe area designated by the
					 commissioner in Insurance Code §
											2210.005.
(b) The expert panel must promptly respond to
					 requests for information from the commissioner or the commissioner's
					 designee.
(c) The expert panel must
					 transfer records of the data and research it used to develop the methods or
					 models described in this section to the department, which must store the
					 records.
(d) The department owns
					 and retains ownership of data the expert panel gathers in performing its duties
					 under this section and of the methods or models developed under this
					 section.
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 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4267 - Expert Panel Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) On request. The
					 expert panel must meet at the request of the department or the presiding
					 officer.
(b) Public meetings.
(1) Purpose. The purposes of an expert panel
					 public meeting are:
(A) to inform the public
					 about the progress of the expert panel's work;
(B) for the public to observe the members of
					 the expert panel discussing their work among themselves; and
(C) for the public to comment on the expert
					 panel's work.
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 4 - CONSUMER ASSISTANCE; CLAIM PROCESSES › Section 5.4268 - Contracting, Compensation, and Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Each panel member must enter into a
					 contract with the association for services and payment.
(b) To be effective, a panel member's
					 contract with the association must be approved by the commissioner or the
					 commissioner's designee.
(c) A
					 contract may not set a term that exceeds 36 months; however, contracts may be
					 renewed.
(d) The association must
					 pay the expenses of the expert panel including:
(1) panel member compensation;
(2) equipment;
(3) contract personnel;
(4) consultants to the panel;
(5) peer review;
(6) travel, lodging, and per diem;
					 and
(7) meeting space.
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 5 - DEPOPULATION PROGRAMS › Section 5.4301 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms, when used in connection with this
						division and Insurance Code Chapter 2210, Subchapter O, mean the
						following:
(1) Association--The Texas
					 Windstorm Insurance Association.
(2) Assumption reinsurance agreement--A
					 written agreement between the association and an insurer under which the
					 association's legal and contractual obligations for certain association
					 policies are transferred to the insurer by novation, as further evidenced by an
					 assumption certificate issued to affected insureds.
(3) Department--Texas Department of
					 Insurance.
(4) Generally comparable
					 coverage--Coverage described in §
											5.4303
					 of this title.
(5) Electronic
					 information repository--Association policyholder information database described
					 in §
											5.4305
					 of this title.
(6) Insurer--An
					 insurer authorized to engage in the business of insurance in Texas and to write
					 property insurance. This does not include an eligible surplus lines
					 insurer.
(7) Limited service
					 agreement--An agreement described in §
											5.4304
					 of this title.
(8) Transfer--The
					 shifting of an association policyholder's windstorm and hail insurance coverage
					 from the association to an insurer who has identified the association
					 policyholder using the electronic information repository.
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 5 - DEPOPULATION PROGRAMS › Section 5.4302 - Policy Forms, Endorsements, and Rates

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Policy forms and endorsements offered by insurers for voluntary market and
					 assumption reinsurance programs under §
											5.4306
					 or §
											5.4307
					 of this title must be approved by the department. This section does not apply
					 to the remaining term of a novated policy.
(b) Insurance Code Chapter 2210, Subchapter
					 L-1, does not apply to policy forms and endorsements offered by insurers under
					 this section.
(c) Except as
					 provided in Insurance Code Chapter 2210, the terms of the policy forms and
					 endorsements offered by insurers for voluntary market and assumption
					 reinsurance programs must comply with the Insurance Code, including Chapter
					 551, Subchapters A, C, and D.
(d)
					 Insurers must submit the policy forms and endorsements offered by insurers for
					 voluntary market and assumption reinsurance programs under Insurance Code
					 Chapter 2301 and Chapter 5, Subchapter M, of this title.
(e) Rates for policy forms and endorsements
					 offered by insurers for voluntary market and assumption reinsurance programs
					 are subject to the requirements in Insurance Code Chapter 2251. In addition to
					 information required under Chapter 5, Subchapter M of this title, when
					 submitting rates for policy forms and endorsements offered by insurers for
					 assumption reinsurance programs under Insurance Code §
											2210.703
					 and §
											5.4307
					 of this title, insurers must provide an exhibit that demonstrates that each
					 rate filed by the insurer is no more than 115 percent of the corresponding rate
					 charged by the association.
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 5 - DEPOPULATION PROGRAMS › Section 5.4303 - Generally Comparable Coverage

Current through Reg. 49, No. 28; July 12, 2024
As used in Insurance Code Chapter 2210, Subchapter O, and
						this division, a policy provides generally comparable coverage if the policy
						provides the same basic coverage(s) as the assumed association policy,
						including the endorsements included in the assumed association policy. For
						example, a policy does not provide generally comparable coverage if:
(1) the association policy provided coverage
					 on a replacement cost basis, and the policy being offered by the insurer only
					 provides coverage on an actual cash value basis;
(2) the association policy provided a certain
					 windstorm and hail deductible amount, and the minimum windstorm and hail
					 deductible amount on the policy being offered by the insurer is in excess of
					 that amount; or
(3) the association
					 policy provided policy limits in excess of the limits on the policy offered by
					 the insurer.
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 5 - DEPOPULATION PROGRAMS › Section 5.4304 - Limited Service Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A limited
					 service agreement is an agreement between an insurer or its managing general
					 agent and the agent of record on an association policy being acquired or
					 assumed by the insurer, and which provides that the agent continue to provide
					 service to the policyholder as authorized under Insurance Code Chapter 2210,
					 Subchapter O.
(b) A limited service
					 agreement must include the prevailing terms, conditions, and commissions of the
					 agent that exist under the association plan of operation and guidelines at the
					 time the policy is acquired or assumed by the insurer. The agreement will
					 expire at the expiration of the third renewal of the insurer's
					 policy.
(c) An appointment is not
					 required for a limited service agreement if the agent only services association
					 policies that have been assumed or transferred under this division and
					 Insurance Code Chapter 2210, Subchapter O.
(d) This section does not prohibit the agent
					 and insurer from agreeing to enter into an appointment and agent agreement on
					 different terms.
(e) An insurer
					 must be bound by the terms of a limited service agreement entered into by its
					 managing general agent in accordance with subsection (a) of this
					 section.
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 5 - DEPOPULATION PROGRAMS › Section 5.4305 - Electronic Information Repository

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The association must:
(1) create an
					 electronic information repository containing the information listed in §
					 5.4309 of this title; and
(2)
					 update the electronic information repository with current policy data through
					 the prior month-end not later than the 15th day of the current month.
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 5 - DEPOPULATION PROGRAMS › Section 5.4306 - Voluntary Market Depopulation Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Except as provided in §
											5.4307
					 of this title, the association and an insurer must submit to the department for
					 approval any depopulation program that encourages the transfer of association
					 policies to insurers through the voluntary market. The submission must include
					 all necessary documents, including notices and policy forms.
(b) The program must provide necessary
					 protections for the policyholders and policyholders' agents, including
					 Insurance Code §
											2210.704(b).
(c) An insurer and the association must not
					 proceed with the voluntary market depopulation program, and it is not effective
					 unless the commissioner approves the program in writing.
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 5 - DEPOPULATION PROGRAMS › Section 5.4307 - Assumption Reinsurance Program

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 insurer and the association must submit to the department the written
					 assumption reinsurance program, including the assumption reinsurance agreement
					 and all necessary documents, including notices and policy forms evidencing
					 generally comparable coverage and premiums, to allow the department to
					 determine that policyholders and the policyholders' agents have the necessary
					 protections.
(b) The assumption
					 reinsurance program and assumption reinsurance agreement must comply with
					 Insurance Code Chapter 2210, Subchapter O. The assumption reinsurance agreement
					 must include:
(1) the opportunity for the
					 policyholder to opt out of the assumption reinsurance agreement not more than
					 60 days after the policyholder receives notice of the reinsurance
					 agreement;
(2) a transfer of the
					 earned premium on a reinsured policy to a trust account to be held until the
					 expiration of the policyholder opt-out period when the earned premium for the
					 final reinsured policy will be transferred to the insurer;
(3) a period of not less than 60 days for the
					 agent of record to accept an appointment or other written agreement with the
					 insurer; and
(4) the effective date
					 of the assumption.
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 5 - DEPOPULATION PROGRAMS › Section 5.4308 - Effect on Existing Contracts

Current through Reg. 49, No. 28; July 12, 2024
The association may not enter into a voluntary market
						depopulation program or assumption reinsurance agreement that would violate
						Insurance Code §
											2210.616.
						The association must demonstrate compliance with the section in each filing
						under §
											5.4306
						or §
											5.4307
						of this title.
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 5 - DEPOPULATION PROGRAMS › Section 5.4309 - Repository Information

Current through Reg. 49, No. 28; July 12, 2024
The association must make the following information
						available through the electronic information repository:
(1) Policy Expiration Date;
(2) Policy ID;
(3) Policy Holder Name;
(4) Mailing Address;
(5) Item Number;
(6) Item Description;
(7) Premium;
(8) Structure Coverage Amount;
(9) Contents Coverage Amount;
(10) Deductible;
(11) Coinsurance;
(12) Construction Type;
(13) Roof Type;
(14) Total Area;
(15) Stories;
(16) Risk Location Address;
(17) City;
(18) County;
(19) Zip;
(20) Occupancy;
(21) Primary/Secondary;
(22) Replacement Cost;
(23) Cash Value;
(24) Companion Policy Type;
(25) Wind Driven Rain;
(26) Companion Policy Provider;
(27) Construction Date;
(28) Addition Date;
(29) Re-Roof Date;
(30) Re-Roof Description;
(31) Repair Date;
(32) Repair Reason;
(33) Increased Cost of
					 Construction;
(34) Contents
					 Replacement Cost;
(35) ACV Roof
					 Endorsement;
(36) WPI-8
					 Waiver;
(37) Location of
					 Risk;
(38) Building Code;
(39) Building Code Credit Type;
(40) Mortgage;
(41) Agent Name;
(42) Agent Phone Number;
(43) Agent Address;
(44) Policy Type;
(45) Class Code;
(46) Structure Value;
(47) Structure Deductible;
(48) Appurtenant Structures Coverage
					 Amount;
(49) Appurtenant Structures
					 Value;
(50) Appurtenant Structures
					 Deductible;
(51) Contents
					 Value;
(52) Contents
					 Deductible;
(53) Additional Living
					 Expense (ALE) Coverage Amount;
(54)
					 Business Interruption (BI) Coverage Amount;
(55) List of Endorsements;
(56) Claim - Loss Date;
(57) Claim - Report Date;
(58) Claim - Loss Paid;
(59) Claim - ALE Paid;
(60) Claim - BI Paid;
(61) Claim - Adjustment Expense Paid;
					 and
(62) Claim - Closed
					 Date.
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 5.4601 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions apply to this
						subchapter:
(1) Applicant--A person
					 who submits a new or renewal application for appointment as an appointed
					 qualified inspector.
(2) Appointed
					 qualified inspector--An engineer licensed by the Texas Board of Professional
					 Engineers and appointed by TDI as a qualified inspector under Insurance Code
					 §
											2210.254(a)(2).
(3) Appointed qualified inspector number--A
					 number TDI assigns to each appointed qualified inspector.
(4) Constructed or construction--The act of
					 building or erecting a structure or repairing (including reroofing), altering,
					 remodeling, or enlarging an existing structure.
(5) Completed improvement--
(A) An improvement in which the original
					 transfer of title from the builder to the initial owner of the improvement has
					 occurred; or
(B) if a transfer
					 under subparagraph (A) of this paragraph is not contemplated, an improvement
					 that is substantially completed.
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 5.4603 - Windstorm Inspection Forms

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Inspection Verification, Form WPI-2-BC-6. TDI adopts by reference the
					 Inspection Verification, Form WPI-2-BC-6, effective January 1, 2017, for use in
					 windstorm inspection, for structures constructed, repaired, or to which
					 additions are made on and after January 1, 2008, and before April 1,
					 2020.
(b) Application, inspection,
					 and renewal forms. TDI will make available the following forms on its website:
(1) Application for Appointment as a
					 Qualified Inspector, Form AQI-1, effective January 1, 2017;
(2) Renewal Application for Appointment as a
					 Qualified Inspector, Form AQI-R, effective January 1, 2017;
(3) Application for Certificate of Compliance
					 for Ongoing Improvement, Form WPI-1, January 1, 2017;
(4) Certification Form for Completed
					 Improvement, Form WPI-2E, effective June 1, 2020 ; and
(5) Inspection Verification, Form WPI-2,
					 effective April 1, 2020, for structures constructed, repaired, or to which
					 additions are made on and after April 1, 2020.
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 5.4604 - Certification Form for Completed Improvement

Current through Reg. 49, No. 28; July 12, 2024
(a) Persons must submit the following
					 information when applying to TDI for a certificate of compliance for a
					 completed improvement on a structure:
(1) a
					 statement from a professional engineer licensed by the Texas Board of
					 Professional Engineers and Land Surveyors that affirms that the engineer has:
(A) designed the improvement;
(B) affixed the engineer's seal on the
					 design; and
(C) affirmed the design
					 complies with the applicable building code under the plan of operation, and
					 that the improvement was constructed in accordance with the design;
					 or
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 5.4605 - Items Not Requiring an Inspection for the Purposes of Windstorm and Hail Insurance Coverage through the Texas Windstorm Insurance Association

Current through Reg. 49, No. 28; July 12, 2024
The items listed in this section do not require an
						inspection for compliance with the windstorm and hail insurance coverage
						through the Texas Windstorm Insurance Association provided that any repairs,
						replacements, or procedures are made with like kind and quality materials,
						fasteners, and craftsmanship as compared to the structure before the repairs,
						replacements, or procedures are made, and as compared to the parts of the
						building that are not repaired. In addition, if no structural change is made,
						the initial installation or replacement of the listed items may be made without
						requiring an inspection. The items are as follows:
(1) repairs to roof coverings with a
					 cumulative area of less than 100 square feet (one square), not involving roof
					 decking or framing members;
(2)
					 repairs or replacement of gutters;
(3) replacement of decorative
					 shutters;
(4) repairs to breakaway
					 walls;
(5) fascia
					 repairs;
(6) repairs to porch and
					 balcony handrails and guardrails;
(7) repairs to stairways or steps, and
					 wheelchair ramps;
(8) protective
					 measures before a storm;
(9)
					 temporary repairs after a storm;
(10) leveling and repairs to an existing slab
					 on grade foundation, unless wall and/or foundation anchorage is altered or
					 repaired;
(11) leveling of an
					 existing pier and beam foundation or piling foundation, if no repairs are
					 made;
(12) fence repair;
(13) painting, carpeting, and
					 refinishing;
(14) plumbing and
					 electrical repairs;
(15) repairs or
					 replacement of preformed flanges with a collar or sleeve used for mechanical,
					 plumbing, or electrical roof penetrations;
(16) repairs to slabs poured on the ground
					 for patios (including slabs under homes on pilings);
(17) repairs or replacement of soffits less
					 than 24 inches in width;
(18)
					 repairs or replacement of nonstructural interior fixtures, cabinets, partitions
					 (nonloadbearing), surfaces, trims, or equipment;
(19) replacement of glass in windows or glass
					 doors or replacement of exterior side-hinged doors not involving the frames
					 provided that the area is less than 10 percent of the surface area of the
					 affected side (elevation) of the structure;
(20) repairs or replacement of exterior wall
					 coverings provided that the area is less than 10 percent of the surface area of
					 the affected side (elevation) of the structure; and
(21) repairs or replacement of storm doors or
					 screen doors (a supplemental door installed on the outside of an exterior
					 door).
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 5.4606 - Supporting Evidence for Sealed Postconstruction Evaluation Report and Design for Certificate of Compliance for Completed Improvement

Current through Reg. 49, No. 28; July 12, 2024
(a) "Supporting evidence" includes:
(1) product evaluations;
(2) installation instructions from the
					 manufacturer for the product;
(3)
					 test data;
(4) written evidence
					 from inspections--for example, an inspection report;
(5) photographs;
(6) video recording;
(7) plans, either as-built plans (plans that
					 demonstrate compliance with the applicable building code for the design of the
					 structure), design drawings, shop drawings, or sketches; or
(8) any other documentation or other form of
					 evidence that supports statements made in the application, design, or
					 postconstruction evaluation report submitted to TDI, as
					 applicable.
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 5.4608 - Certification by TDI-Employed Windstorm Inspectors

Current through Reg. 49, No. 28; July 12, 2024
This section describes the procedure for the
						certification of ongoing improvements to certain components inspected by
						TDI-employed inspectors.
(1) Eligible
					 components.
(A) TDI-employed inspectors may
					 inspect on certain alterations and repairs (including reroofs) on components
					 such as:
(i) roofs;
(ii) exterior wall coverings;
(iii) exterior doors;
(iv) windows;
(v) skylights;
(vi) garage doors; and
(vii) devices protecting exterior openings
					 from windborne debris;
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 5.4609 - Application for Qualified Inspector Appointment

Current through Reg. 49, No. 28; July 12, 2024
(a) Experience and education. An appointed
					 qualified inspector must display demonstrable experience and education related
					 to windstorm design.
(b) Appointed
					 qualified inspector application. To apply for appointment as a qualified
					 inspector, an applicant must provide TDI with:
(1) the applicant's name and contact
					 information;
(2) the applicant's
					 Texas Board of Professional Engineers and Land Surveyors registration
					 number;
(3) a summary of the
					 applicant's education and experience related to windstorm design; and
(4) a statement addressing whether the
					 applicant has attended an orientation program as described in subsection (d) of
					 this section .
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 5.4610 - Renewal of Qualified Inspector Appointment

Current through Reg. 49, No. 28; July 12, 2024
(a) Appointment term. An appointed qualified
					 inspector's first appointment will be for a term of two years plus the length
					 of time between the first appointment and the earliest date by which the
					 appointed qualified inspector must renew his or her Texas Board of Professional
					 Engineers license. All subsequent, consecutive appointments will be for two
					 years, with the appointed qualified inspector's appointment ending on the date
					 by which the appointed qualified inspector must renew his or her Texas Board of
					 Professional Engineers license for that year.
(b) Renewal timelines.
(1) No less than 30 days before the end of
					 the term, an appointed qualified inspector must submit to TDI an affirmation of
					 the currency and nonrestricted status of the appointed qualified inspector's
					 license with the Texas Board of Professional Engineers.
(2) If an appointed qualified inspector does
					 not submit the renewal information required by this subsection within 30 days
					 after the end of the term, the inspector must submit a new
					 application.
(3) TDI will make
					 available the Qualified Inspector Appointment Renewal Application Form, Form
					 AQI-R, effective January 1, 2017, on which the inspector can provide the
					 information required by this subsection.
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 5.4612 - Appointment as Qualified Inspector

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 No deemed appointment. The commissioner must affirmatively appoint an applicant
					 before the appointment is effective. No applicant will be deemed
					 appointed.
(b) Denial. The
					 commissioner may deny an application or a renewal application because:
(1) the application is incomplete;
(2) the applicant is not qualified; or
(3) for any of the reasons
					 described in §
												5.4642(a) of
					 this title (relating to Disciplinary Action).
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 5.4615 - General Responsibilities of Appointed Qualified Inspectors

Current through Reg. 49, No. 28; July 12, 2024
An appointed qualified inspector must:
(1) maintain a current license with the Texas
					 Board of Professional Engineers;
(2) notify TDI in writing not later than 30
					 days after a change in the appointed qualified inspector's:
(A) legal name;
(B) mailing address;
(C) telephone number; or
(D) email address;
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 5.4620 - Accountability of Appointed Qualified Inspector

Current through Reg. 49, No. 28; July 12, 2024
(a) Appointed qualified inspector
					 accountability. An appointed qualified inspector is solely accountable for
					 inspections performed under the appointed qualified inspector's name.
(b) Failure to comply. An appointed qualified
					 inspector is strictly accountable for any failure to comply with Insurance Code
					 Chapter 2210 and all of the responsibilities outlined in this chapter without
					 regard to whether the failure to comply is the result of the actions of the
					 appointed qualified inspector or a designated representative of the appointed
					 qualified inspector.
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 5.4621 - Certification of Ongoing Improvements Inspected by Appointed Qualified Inspectors

Current through Reg. 49, No. 28; July 12, 2024
This section describes the procedure for the
						certification of ongoing improvements inspected by appointed qualified
						inspectors.
(1) Eligible structures.
					 An appointed qualified inspector or a designated representative of an appointed
					 qualified inspector may only inspect an ongoing improvement for which TDI has
					 received the following information:
(A) the
					 physical address (including street, street number, city, county, and ZIP
					 code);
(B) the wind zone
					 location;
(C) the type of structure
					 the ongoing improvement is or is a part of, including the structure's name or
					 number, and number of units, if applicable;
(D) the subject of the inspection (for
					 example, entire structure, addition, alteration, or repair);
(E) the name and contact information of the
					 appointed qualified inspector inspecting the ongoing improvement, or whose
					 designated representative is inspecting the ongoing improvement;
(F) the storm code, if applicable;
(G) the date construction of the ongoing
					 improvement began;
(H) the date of
					 application for the certificate of compliance for the ongoing
					 improvement;
(I) the name of the
					 person submitting the application for the certificate of compliance for the
					 ongoing improvement;
(J) the
					 owner's name and contact information;
(K) the name and contact information of the
					 builder or contractor making the ongoing improvement;
(L) whether the structure is located inside
					 or outside city limits; and
(M)
					 whether the structure is in a Coastal Barrier Resource Zone.
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 5.4622 - Inspection Verification

Current through Reg. 49, No. 28; July 12, 2024
In submitting an Inspection Verification, Form WPI-2, or
						a Form WPI-2-BC-6, an appointed qualified inspector verifies that:
(1) the ongoing improvement:
(A) complies with the wind load requirements
					 of the applicable building code;
(B) conforms to a design of the ongoing
					 improvement that complies with the wind load requirements of the applicable
					 building code under the plan of operation and that has a seal affixed by a
					 professional engineer licensed by the Texas Board of Professional Engineers and
					 Land Surveyors; or
(C) does not
					 comply with the wind load requirements of the applicable building code;
					 and
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 5.4623 - Information Required to Inspect to Design Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) To verify that a design of an ongoing
					 improvement complies with the applicable building code under the plan of
					 operation, an appointed qualified inspector must review design documents sealed
					 by the engineer of record for the ongoing improvement, including design
					 criteria, wind loads, plans, and building product specifications, which must
					 include the following information:
(1) design
					 criteria, including:
(A) the building code
					 standard applicable to the improvement;
(B) the live loads on the structure's floor
					 and roof;
(C) the basic wind speed
					 the improvement is designed to withstand;
(D) the wind importance factor or risk
					 category of the structure;
(E) the
					 exposure category of the structure;
(F) the structure's mean roof
					 height;
(G) the 'a' distance,
					 measuring the width of a zone of wind pressure; and
(H) the structure's internal pressure
					 coefficient.
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 5.4625 - Inspection Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) An appointed
					 qualified inspector or a designated representative under the appointed
					 qualified inspector's supervision must prepare a written inspection report for
					 each inspection. Except as provided in subsection (b) of this section, all
					 inspection reports must include the following:
(1) the complete physical address of the
					 inspected property (including street, street number, city, county, and ZIP
					 code);
(2) the subject of the
					 inspection (for example, entire structure, addition, alteration, or
					 repair);
(3) the type of
					 construction inspected (for example, commercial tilt wall or residential wood
					 frame);
(4) information indicating
					 where actual inspections occurred, including, at the appointed qualified
					 inspector's discretion:
(A) the plan or
					 sketches, with inspection notes on whichever the appointed qualified inspector
					 chooses; and
(B) the plan or
					 sketches, with notes on whichever the appointed qualified inspector chooses
					 showing the location of photographs taken as part of the inspection;
(5) the wind zone location (Inland
					 I, Inland II, or Seaward) (initial inspection only);
(6) the exposure category of the structure
					 (initial inspection only);
(7) the
					 structure's mean roof height (initial inspection only);
(8) a complete description of the building
					 products used, including:
(A) the
					 manufacturer's name and product name;
(B) product testing information or product
					 evaluation;
(C) the manufacturer's
					 installation instructions, including any special instructions for high wind
					 areas;
(D) fastener type, length,
					 type of corrosion resistance, and placement; and
(E) the contractor's means and methods used
					 to install the product;
(9) all discrepancies between the ongoing
					 improvement's as-built construction and the design documents and
					 specifications;
(10) all
					 discrepancies between the building products specified and the building products
					 installed;
(11) legible copies of
					 labels of all installed components and other manufacturer information,
					 including shingle wrappers;
(12) a
					 description of any action taken to remedy any discrepancies described in
					 paragraphs (9) and (10) of this subsection;
(13) the status of the inspection, indicating
					 whether the appointed qualified inspector approved or disapproved the
					 structure;
(14) the date and
					 printed name and signature of the appointed qualified inspector or the
					 designated representative of the appointed qualified inspector; and
(15) the date or dates of the inspection or
					 inspections.
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 5.4626 - Substantiating Information

Current through Reg. 49, No. 28; July 12, 2024
(a) On request from
					 TDI, an appointed qualified inspector must provide information and evidence
					 necessary to substantiate the appointed qualified inspector's verification that
					 an ongoing improvement complies with the wind load requirements of the
					 applicable building code.
(b) The
					 appointed qualified inspector may provide the information and evidence
					 described in subsection (a) of this section to TDI in the form of:
(1) product information on building
					 components including manufacturer name, testing information, installation
					 instructions, and model code evaluation reports or other building information
					 as described in §
												5.4623 of this title (relating to
					 Information Required to Inspect to Design Documents);
(2) information in windstorm plans, as
					 described in §
												5.4623 of this title;
(3) inspection verification forms and other
					 documents previously filed with TDI;
(4) as-built drawings;
(5) shop drawings;
(6) building product submittal
					 information;
(7) photographs;
					 and
(8) inspection reports, as
					 described in §
												5.4625 of this title (relating to
					 Inspection Reports).
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 5.4640 - Oversight

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 5.4642 - Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Revocation or
					 denial of appointment. After notice and opportunity for hearing, the
					 Commissioner may revoke an appointed qualified inspector's appointment or deny
					 an appointed qualified inspector's application for appointment if:
(1) the applicant or appointed qualified
					 inspector violates or fails to comply with the Insurance Code or any rule in
					 this chapter;
(2) the applicant has
					 made a material misrepresentation in the appointment application;
(3) the applicant has attempted to obtain an
					 appointment by fraud or misrepresentation; or
(4) the applicant or appointed qualified
					 inspector has made a material misrepresentation in any form, report, or other
					 information required to be submitted to TDI, including an Application for
					 Certificate of Compliance for Ongoing Improvement , Form WPI-1; a construction
					 inspection report; an Inspection Verification, Form WPI-2; an Inspection
					 Verification, Form WPI-2-BC-6; or a Certification Form for Completed
					 Improvement, form WPI-2E.