An agency seeking council approval as a design review agency (DRA) shall submit a written application to the commissioner. The application will indicate the agency's name, address, and the telephone number of each office in which design review services are to be performed. The application will include the following information:

1. (1) an organizational chart indicating the names of the managerial or technical personnel responsible for design review functions within the agency. The chart must indicate the area or areas of review for which the technical personnel are responsible;

2. (2) a resume for each person listed in the organizational chart indicating academic and professional qualifications, experience in related areas, and specific duties within the agency. The minimum personnel requirements and qualifications shall be as follows.

   1. (A) The manager or chief executive officer shall have a minimum of four years of plans examination, design, construction, or manufacturing experience in the building industry, or any combination thereof, and registration as a professional engineer or architect in the State of Texas (note: the applicant's registration number must be included on the resume).

   2. (B) Technical staff members may qualify for more than one discipline. Therefore, the agency need not have an individual staff member for each discipline. Required certifications need not be from the same code agency for the different disciplines. For example, a DRA may have a structural reviewer, a mechanical reviewer, and an electrical reviewer with the required certifications through ICBO while the plumbing reviewer, building planning reviewer, and fire safety reviewer have the required certifications through SBCCI. The DRA is not limited to one code group when filling positions in the different disciplines. The technical staff shall consist of the following positions.

      1. (i) The structural reviewer shall have a bachelor's degree with specialized course work in structures in civil, structural, or architectural engineering or service equivalent in accordance with subparagraph (C) of this paragraph; a minimum of one year structural engineering experience related to buildings; and certification as either a building plan examiner as granted by SBCCI, as a plans examiner as granted by ICBO, or as a building plans examiner as granted by BOCA. Any certification expiration dates must also be submitted.
      2. (ii) The mechanical reviewer shall have a bachelor's degree in engineering with specialized course work in HVAC Systems or service equivalent in accordance with subparagraph (C) of this paragraph; a minimum of one year mechanical engineering experience related to buildings; and certification as a mechanical inspector as granted by either SBCCI, ICBO, or BOCA. Any certification expiration dates must also be submitted.
      3. (iii) The electrical reviewer shall have a bachelor's degree in engineering with specialized course work in electrical engineering or service equivalent in accordance with subparagraph (C) of this paragraph; a minimum of one year electrical engineering experience related to buildings; and certification as either a commercial electrical inspector as granted by SBCCI or as an electrical inspector as granted by either ICBO or BOCA. Any certification expiration dates must also be submitted.
      4. (iv) The plumbing reviewer shall have a bachelor's degree in engineering with specialized course work in hydraulics or service equivalent in accordance with subparagraph (C) of this paragraph; a minimum of one year plumbing experience related to buildings; and certification as a plumbing inspector as granted by either SBCCI, ICBO, or BOCA. Any certification expiration dates must also be submitted.
      5. (v) The building planning reviewer shall have a bachelor's degree in engineering or architecture or service equivalent in accordance with subparagraph (C) of this paragraph; a minimum of one year experience related to building planning; and certification as either a building plan examiner as granted by SBCCI, as a plans examiner as granted by ICBO, or as a building plans examiner as granted by BOCA. Any certification expiration dates must also be submitted.
      6. (vi) The fire safety reviewer shall have a bachelor's degree in engineering or architecture or service equivalent in accordance with subparagraph (C) of this paragraph; a minimum of one year experience in fire protection engineering related to buildings; and certification either as a building plan examiner as granted by SBCCI, as a plans examiner as granted by ICBO, or as a building plans examiner as granted by BOCA. Any certification expiration dates must also be submitted.
   3. (C) A minimum of eight years of creditable experience in engineering or architectural practice indicative of growth in engineering or architectural competency and responsibility is an acceptable service equivalent for academic requirements. This experience may be counted concurrently for those wishing to show service equivalency in more than one field. To be considered creditable, experience must satisfy the requirements outlined in the Texas State Board of Registration for Professional Engineers board rules of practice and procedure or the Texas Board of Architectural Examiner rules and regulations of the board regulating the practice of architecture.
   4. (D) In lieu of a registration number issued by the Texas State Board of Registration for Professional Engineers, an applicant currently registered in some other state and applying for registration in Texas under the provisions of the Texas Engineering Practice Act, §20(a) and (b), may satisfy the requirement by providing a copy of an application for registration and a letter from the board acknowledging receipt and authorizing interim practice;
3. (3) complete documentation, including examples of data sheets or other forms used to analyze construction and equipment, preliminary and final reports, and an agency compliance assurance manual to substantiate the agency's ability to evaluate building systems and compliance control manuals for compliance with standards. Evidence must be presented in the areas of structural, mechanical, electrical, plumbing, building planning, and fire safety. The documentation should include an example of a building system or compliance control manual which the agency has evaluated for compliance with a code or set of standards;

4. (4) a properly notarized statement of certification signed by the agency manager or chief executive officer that:

   1. (A) its board of directors, as a body, and its managerial and technical personnel, as individuals, are free to exercise independence of judgment in the performance of their duties within the agency;
   2. (B) its activities pursuant to the discharge of responsibility as a design review agency will not result in financial benefit to the agency via stock ownership or other financial interest in any producer, supplier, or vendor of products involved, other than through standard fees for services rendered;
   3. (C) the agency will consistently and uniformly implement the policies and determinations of the council with regard to interpretations of the standards and rules;
   4. (D) the agency will not provide design services or prepare compliance control manuals for manufacturers for whom it acts as a design review agency;
   5. (E) all information contained in the application for approval as a design review agency is true, timely, and correct; and
   6. (F) all future changes will be immediately communicated to the department;
5. (5) a list of states in which the agency is currently approved to provide similar services.

Source Note:The provisions of this §70.22 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective March 16, 1998, 23 TexReg 1305.