Texas Ranks Low in Study of Statewide Building Codes

That Texas was ranked among the bottom three states in a recently released analysis of residential building codes in the 18 hurricane-prone coastal states does not sit well with the state’s insurance regulators.

In the Institute for Business and Home Safety’s (IBHS) report “Rating the States: An Assessment of Residential Building Code and Enforcement Systems for Life Safety and Property Protection in Hurricane-Prone Regions” Texas ranked 16, with a score of 18 out of 100, primarily because it does not have a statewide building code.

The study compares the regulations and processes governing residential building construction of the 18 states most vulnerable to hurricane losses, i.e., coastal states from Maine to Texas, the Texas Department of Insurance noted in a response to the report’s release. Of the 18 study states, only Alabama, Delaware and Texas have not adopted the International Residential Code (IRC) on a statewide basis.

According to the IBHS, which says its report is the first of its kind in the United States, building codes are intended to increase the safety and integrity of structures, and reduce deaths, injuries and property damage from hurricanes and other hazards.

TDI said building codes that apply uniformly statewide may not be appropriate for Texas, given that the area most vulnerable to hurricane force elements represents less than 6 percent of the risk exposure of the state.

The Texas Local Government Code adopts the IRC for municipalities, allowing local leaders to adopt and amend the IRC to meet their needs, rather than taking a “one size fits all” approach. At least 25 Texas cities in Tier 1 (the 14 coastal counties) have adopted the 2006 or 2009 IRC, according to TDI.

State regulators say the Texas Windstorm Insurance Association, which insures 57 percent of the wind exposure in Tier 1, has protections that go further than IRC and local requirements. TWIA requires inspections and certifications verifying windstorm code compliance by TDI inspectors certified by the International Code Council and approved licensed professional engineers.

IBHS says, however, that the requirements are “voluntary” in that homeowners must meet them in order to obtain windstorm and hail insurance from TWIA.

The IBHS report said Texas has no state program for certifying code enforcement officials or licensing contractors and subcontractors, and that the only statewide building safety provision currently in place is the electrical code.

John Polak, TWIA interim general manager, says TWIA may offer premium discounts for exceeding building code requirements. He noted that the discount has not been determined because TWIA is waiting on rules to be drawn up by TDI, after which an actuarial review of the insurer’s data has to be conducted. Developing the premium discount for building codes is “a two phase process,” Polak explained during a webinar on changes to TWIA’s rules presented by the Independent Insurance Agents of Texas. “First the rules have to be promulgated then we have to do the actuarial review.”

Louisiana Ranks Higher

Louisiana, which ranked nine out of 18 in the IBHS report, had a score of 73 out of 100 points. After Hurricane Katrina, Louisiana passed state legislation requiring mandatory code adoption and enforcement. Local amendments to the code are not allowed, according to IBHS. In addition, Louisiana has statewide plumbing and electrical codes. It also has licensing requirements for general and plumbing contractors, including examination and continuing education. It does not have mandatory licensing for electrical, mechanical or roofing contractors.

The IBHS building code report can be found online at www.disastersafety.org.