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HomeMy WebLinkAbout024224 RES - 09/19/2000A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI PETITIONING THE TEXAS STATE BOARD OF INSURANCE TO APPROVE AND APPOINT INSPECTORS EMPLOYED BY THE CITY OF CORPUS CHRISTI AS QUALIFIED INSPECTORS, BECAUSE OF THEIR TRAINING OR EXPERIENCE, TO PERFORM BUILDING INSPECTIONS FOR THE TEXAS STATE BOARD OF INSURANCE. WHEREAS, the 62"d Texas Legislature passed the "Texas Catastrophe Property Insurance Pool Act," Senate Bill 31, (codified as Article 21.49, Texas Insurance Code) which established the Texas Catastrophe Property Insurance Association; WHEREAS, the "Texas Catastrophe Property Insurance Pool Act" requires that all new construction, repairs, or additions which commenced on or after January 1, 1988 shall be inspected or approved by the Texas Department of Insurance for compliance with the building specifications in the Texas PVindstorm Insurance Association, Plan of Operation, if the property is to be certified as insurable by the Association; WHEREAS, the 70t" Texas Legislature passed House Bill 2012, (codified as Article 21.49, Section 6A, Texas Insurance Code), amending the "Texas Catastrophe Property Insurance Pool Act," which implements certain inspection requirements for structures to be considered insurable property for windstorm and hail insurance through the Texas Windstorm Insurance Association, formerly known as the Texas Catastrophe Property Insurance Association; WHEREAS, to be certified by the Texas Department of Insurance as insurable by the Texas Windstorm Insurance Association, structures which commence construction on or after September 1, 1998 shall be built to resist wind pressures determined from the wind load provisions of ASCE 7-93, Minimum Design Loads for Buildings and Other Structures and shall be inspected by a "qualified inspector"; WHEREAS, Section 6A(d) of the "Texas Catastrophe Property Insurance Pool Act" (codi~ed as Article 21.49, Section 6A(d), Texas Insurance Code) provides that a "qualified inspector" is a person determined by the Texas State Board of Insurance to be qualified to perform building inspections, because of training or experience; WHEREAS, the only "qualified inspectors" determined by the Texas State Board of Insurance to be qualified to perform building inspections for the Texas State Board of Insurance are employees of the Texas Department of Insurance and Texas licensed professional engineers appointed by the Commissioner of Insurance to perform windstorm inspections under 28 TAC § 5.4604; R00325A2.wpd 024224 2 WHEREAS, the Texas Department of Insurance can only make inspections of a structure after receipt of a WPI-1, Application for Windstorm Building Inspection, and as the structure is being built; WHEREAS, if a structure is inspected and certified by a Texas licensed professional engineer, then no official inspection will be made by the Texas Department of Insurance; WHEREAS, all structures within the jurisdiction of the City of Corpus Christi are not now being inspected by Texas Department of Insurance "qualified inspectors" during construction since WPI-1, Application for Windstorm Building Inspection, are not being filed before construction for non-engineered structures and engineered structures; WHEREAS, in order to protect the health, safety, and welfare of its citizens, the City of Corpus Christi desires to ensure that all structures within its jurisdiction are inspected by Texas Department of Insurance "qualified inspectors" during construction; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Texas State Board of Insurance take such actions necessary to approve and appoint inspectors employed by the City of Corpus Christi as "qualified inspectors", because of their training or experience, to perform building inspections for the Texas State Board of Insurance, provided that City of Corpus Christi inspectors meet the same employment requirements as "qualified inspectors" employed by the Texas Department of Insurance. SECTION 2. If Texas State Board of Insurance takes the necessary actions and approves and appoints inspectors employed by the City of Corpus Christi as "qualified inspectors" in accordance with Section 1 of this resolution, the City of Corpus Christi will, by ordinance, require submission of engineered building plans to the City of Corpus Christi and a WPI-1 to the Texas Department of Insurance at the time an application is filed for a building permit with the City. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor R00325A2wpd APPROVED: -{~/,Tte'n/~ /~' 2000: James R. Bray Jr. City Attorney R. Jay~ ei~ng~' By: Fi~ant City Attorney R00325A2.wpd Corpus Christi, Texas The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Amold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 4 R00325A2,wpd