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In 2009, the Texas Legislature abolished the Texas Residential Construction Commission,
eliminating State enforcement of statewide building codes — including building codes
outside cities’ jurisdictions.
Therefore, after October 13, 2009, in unincorporated areas of McLennan County,
all new residential structures and improvements to existing residential structures that
increase the square footage or value by more than 50 percent shall be constructed
to the International Residential Code (IRC). If a city has adopted building
codes in their extra-territorial jurisdiction then the municipal regulation applies
there.
McLennan County does not have inspection authority or responsibility and can not
charge fees; instead the builder is required to:
- notify the county of the location, approximate date of completion and version of
IRC utilized for the new residential construction
(see Notice of Residential Construction in Unincorporated Area form)
;
- obtain three inspections during different phases of the construction; and
- submit a notice of the inspections to the county and to the person for whom the
new residence is being built, demonstrating compliance or non-compliance with the
applicable building code, which is done by the inspectors
(see Notice of Residential Construction Inspection Compliance in Unincorporated Area form)
.
Failure to obtain the inspections is a Class C misdemeanor and McLennan County may
also file for an injunction against a builder who does not file the required reports.
This new law does not give prior approval authority to the county for new residential
construction, or authorize the adoption or enforcement of zoning regulations, and
does not apply to manufactured, or modular housing constructed off-site and transported
to a site. Penalties do not apply to a builder who intends to occupy the residence
themselves as their primary residence.
The forms are available from the above links. Once complete, please send them
to:
County Engineer’s Office
P.O. Box 648
Waco, Texas, 76703-0648
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