HBA-DMH C.S.H.B. 217 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 217 By: Reyna, Arthur Licensing & Administrative Procedures 3/29/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Texas State Board of Plumbing Examiners (board) is required to adopt three plumbing codes. In an effort to achieve national uniformity, the International Code Council (ICC) was established in 1994 as a nonprofit organization dedicated to developing a single set of comprehensive and coordinated national model construction codes. The founders of the ICC are Building Officials and Code Administrators International, Inc. (BOCA), International Conference of Building Officials (ICBO), and Southern Building Code Congress International, Inc. (SBCCI). Since the early part of the last century, these nonprofit organizations have developed the three separate sets of model codes used throughout the United States. Although regional code development has been effective and responsive to our country's needs, the time has come for a single set of codes. The nation's three model code groups have responded by creating the ICC. C.S.H.B. 217 requires the board to adopt any plumbing code published by the ICC and authorizes the board by rule to adopt later editions of specified plumbing codes. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority expressly delegated to the Texas State Board of Plumbing Examiners in SECTION 2 (Section 5B, Article 6243-101, V.T.C.S.) of this bill. ANALYSIS C.S.H.B. 217 amends The Plumbing License Law to modify the plumbing codes that the Texas State Board of Plumbing Examiners (board) is required to adopt and authorizes the board by rule to adopt later editions of the adopted plumbing codes. The bill removes from the list of plumbing codes the board is required to adopt the Southern Standard Plumbing Code and the National Standard Plumbing Code and adds any plumbing code published by the International Code Council. The bill provides that plumbing installed in an area not otherwise subject to regulation under The Plumbing License Law must be installed in accordance with a board adopted plumbing code. The bill authorizes municipalities or owners of a public water system to amend any provisions of the codes and standards to conform to local concerns that do not substantially vary with rules or laws of this state. The bill modifies the plumbing acts permitted without a license. The bill provides that plumbing installed in compliance with an adopted plumbing code must be inspected by a plumbing inspector or any other person paid directly by the political subdivision to perform the same functions as a plumbing inspector. EFFECTIVE DATE September 1, 2001. The modification of provisions regarding plumbing work expressly permitted without a license takes effect January 1, 2002. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 217 differs from the original bill by modifying the plumbing acts, work, and conduct permitted without a license to add plumbing work done to single family residential property that is not connected to a public water system and that is located outside the municipal limits of any organized city, town, or village in this state. The substitute authorizes the Texas State Board of Plumbing Examiners (board) by rule to adopt later editions of the adopted plumbing codes. The substitute authorizes municipalities or owners of a public water system to amend any provisions of the codes and standards to conform to local concerns, rather than adopt any nationally recognized model plumbing codes and standards. The substitute includes provisions relating to plumbing inspection. The substitute differs from the original bill by requiring the board to adopt any plumbing codes published by the International Code Council, rather than the International Plumbing Code, as published by the International Code Council. The substitute specifies that the board is required to adopt the enumerated plumbing codes as those codes existed on May 31, 2001.