Current through Reg. 49, No. 38; September 20, 2024
(a) The inspection
requirements in this section are applicable to all construction activities,
except for the Amy Young Barrier Removal Program, to the extent funded with
Texas HTF.
(b) Interim inspections
of construction progress are required for a Draw Request.
(c) Final inspections are required for all
single family construction Activities. The inspection must document that the
Activity is complete; meets all applicable codes, requirements, zoning
ordinances; and has no known deficiencies related to health and safety
standards. A copy of the final inspection report must be provided to the
Department and to the Household.
(d) New construction requirements.
(1) A Certificate of Occupancy shall be
issued prior to final payment for construction, as applicable. In instances
where the local jurisdiction does not issue a Certificate of Occupancy for the
Activity undertaken, the Administrator must provide to the Department
documentation evidencing that the Single Family Housing Unit complies with
subsection (c) of this section.
(2)
Applicant must demonstrate compliance with Tex. Gov't Code §
2306.514,
"Construction Requirements for Single Family Affordable Housing," and
applicable Program Rules.
(e) Reconstruction requirements.
(1) The initial inspection must identify
substandard conditions listed in TMCS along with any other health or safety
concerns, unless the unit has been condemned or in the case of a HOME and CSHC
Activity, the unit to be reconstructed is an MHU.
(A) A copy of the initial inspection report
must be provided to the Department and to the Household as applicable. The
initial inspection may be waived if the local building official certifies that
the extent of the subject property's substandard conditions is beyond repair,
or the property has been condemned.
(B) Substandard conditions identified in the
initial inspection report must provide adequate detail to evidence the need for
reconstruction.
(2) A
Certificate of Occupancy shall be issued prior to final payment for
construction, as applicable. In instances where the local jurisdiction does not
issue a Certificate of Occupancy for the Activity undertaken, the Administrator
must provide to the Department documentation evidencing that the Single Family
Housing Unit complies with subsection (c) of this section.
(3) Applicant must demonstrate compliance
with Tex. Gov't Code §
2306.514,
"Construction Requirements for Single Family Affordable Housing," and
applicable Program Rules.
(f) Rehabilitation requirements.
(1) Single Family Housing Units that have
been condemned by the Municipality, County, or the State are not eligible for
rehabilitation.
(2) The initial
inspection must identify all substandard conditions listed in TMCS, along with
any other health and safety concerns.
(A) A
copy of the initial inspection report must be provided to the Department and to
the Household.
(B) All substandard
conditions identified in the initial inspection report shall be addressed in
the work write-up and cost-estimate.
(3) Final inspections must document that all
substandard and health and safety issues identified in the initial inspection
have been corrected. All deficient items noted on the final inspection report
must be corrected prior to approval of the final Draw Request.
(4) Administrator shall meet the applicable
requirements of the TMCS. Exceptions to specific provisions of TMCS may be
granted in accordance with the TMCS exception request process.
(5) Correction of cosmetic issues, such as
paint, wall texture, etc., will not be required if acceptable to the Program as
outlined in the Program Rule, or if utilizing a Self-Help Construction
Program.
(g) Inspector
Requirements.
(1) Inspectors selected by the
Administrator to verify compliance with this chapter must be certified by the
Administrator to have sufficient professional certifications, relevant
education or experience in a field directly related to home inspection, which
may include but is not limited to installing, servicing, repairing or
maintaining the structural, mechanical, plumbing and electrical systems found
in Single Family Housing Units.
(2)
Inspectors shall utilize Department-approved inspection forms, checklists, and
standards when conducting inspections.
(h) The Department reserves the right to
reject any inspection report if, in its sole and reasonable determination, the
report does not accurately represent the property conditions or if the
inspector does not meet Program requirements. All related construction costs in
a rejected inspection report may be disallowed until the deficiencies are
adequately cured.
