I don't know if anyone can help but if so it will be greatly appreciated.
I posted previously about the lack of proper sleeving used on the copper
pipe in my slab.
In talking to the state board of licensing I am told that in the
non-incorporated areas of the state of Texas in 1998 that the plumber
had the option of using the following 3 codes: The Southern Standard
Plumbing Code, Uniform Plumbing Code and the National
Standard Plumbing Code. Can anyone tell if all or any of them allowed
this practice or did they all require "minimum 25 mil" sleeving or similar?
In 1998-Texas-nonincorporated areas, there was no state building or
plumbing code. Only incorporated areas had building codes.
If the home was "in-the-county" there were no building or plumbing
codes that could be legally enforced unless a code was specified in
the contract between the contractor and owner.
Consult and attorney.
In TX, counties do not have the power write or enforce building
codes per the state constitution and laws. Some property may be in
the county but under the extraterritorial jurisdiction of an
incorporated area (city) and subject to the city's codes.
I *think* (do not know for sure) that TX counties do not have the
power to create or enforce zoning laws. This is one reason why
large developments tend to spring up just outside of a city's
extraterritorial jurisdiction. FWIW, the small city of Helotis TX
recently tried to stop a big-box-store from being built just
outside it's city limits ... nothing Helotis or the county could
legally do to stop it.
FWIW, TX as of Sep 2003 has a statewide building code. Cities can
have their own, as specified by state law. Counties can not pass a
law or ordinance requiring a different code .... BUT a county by
default has the code which is in force in the city of the county
seat. It gets even more confusing when it comes to which
electrical code is in force. I left out a lot of detail, its all
on-line at www.texas.gov
NEC is electrical code in Texas, as of 2002. The remainder is IRC. The
code year specific is the year date of NEC and IRC are the most recent prior
to that year. IRC 2000 for instance.
The name of the town is "Helotes".
Statewide building code was effective Sep 2002.
Municipalities must use applicable year NEC and IRC as basis for their local
building codes per Texas law. Counties have control over health issues,
like septic systems in rural/non-municipal areas regarding residential
I knew they were fairly loose (am in SW KS but it's <60 mi across OK
panhandle to TX panhandle so it's close) but figured they would have
made some changes--here, cities can control up to 3 miles outside the
city limits and counties <can> enforce other requirements besides the
purely health-related ones (but the latter is a relatively recent
change)...thankfully, we're outside the city jurisdiction so there are
no unreasonable restrictions on the farm operation...
To add at least something approaching on topic, unfortunately as I was
hoping for OP, there doesn't appear to be much recourse against builder
other than "best and usual practice" arguments if he chooses to pursue
him legally...(assuming, of course, that the Cu being buried directly in
the slab was the cause of the problem)... :(
According to the state Licensing board for plumbing what I originally
posted was correct. There were three codes that the plumbers could use
but they did have to meet at least the least demanding of the three codes.
Well, I think the person you talked to is incorrect, unless the
"in-the-county property" was in the ETJ of a city, at the time the
work was done.
Have the board back up their statements in writing, citing the
appropriate state law. Good luck.
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