No, Bastrop County has limited statutory authority regarding building codes. Bastrop County Building Code only applies to the construction of residential single-family homes and duplexes. There are no Bastrop County Building Codes for any other uses.
During the 81st legislative session, the Texas Residential Construction Commission (TRCC) was dissolved resulting in the lack of building code requirements in the unincorporated areas of all Texas counties. The Legislature passed HB 2833, which amended Chapter 233 of the Local Government code by adding Subchapter F. This amendment provided an opportunity for counties to adopt certain building code standards in the unincorporated areas of the county.
Bastrop County Commissioners Court passed a resolution on September 14, 2009 adopting provisions of HB 2833. This action restored residential building code requirements for certain structures that are built in the unincorporated areas of Bastrop County.
In accordance to HB 2833; Residential construction, in the unincorporated areas of Bastrop County, shall substantially conform to either the version of the International Residential Code published as of May 1, 2008 (which is the 2006 International Residential Code) or the version of the International Residential Code that is applicable in the county seat (City of Bastrop). HB 2833 requires that the decision of which code to use is the builder’s choice.
These building code requirements apply in the unincorporated areas of Bastrop County for the construction of a new single-family house or duplex or the construction of an addition to an existing single-family house or duplex (if the addition will increase the square footage or the value of the existing residential building by more than 50%).
There are three required inspections. The required inspections must be performed at: (1) the foundation stage, before the placement of concrete; (2) the framing and mechanical systems stage, before covering with drywall or other interior wall covering; and (3) completion of construction of the residence. For remodeling construction to an existing residence, the inspection requirements shall be performed as necessary based on the scope of work of the construction project.
In accordance with the provisions of HB 2833, as adopted by Bastrop County, the County is not involved in the inspection process for the residential structure. The builder is responsible for contracting to perform the required inspections with: (1) a licensed engineer; (2) a registered architect; (3) a professional inspector licensed by the Texas Real Estate Commission; (4) a plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Examiners; (5) a building inspector employed by a political subdivision; or (6) an individual certified as a residential combination inspector by the International Code Council. A builder may use the same inspector for all the required inspections or a different inspector for each required inspection.
It is the builder’s responsibility to (1) comply with these requirements, (2) have the required inspections performed, and (3) maintain copies of the inspection reports. There is no requirement to provide copies of reports to Bastrop County.