1. (a) The council shall resolve any dispute, disagreement, or difference of opinion between the design review agency (or department when acting as a design review agency) and a local building official as to whether the approved design package meets or exceeds the requirements of the mandatory building codes set forth in this chapter. The council's decision shall be timely made and shall be binding on all parties.
2. (b) If the local building official thinks the approved design package or unique on-site construction documentation does not meet the code requirements of this chapter, this opinion shall be forwarded in writing to the executive director at the department's Austin office within seven working days following the filing of an application for a building permit and prior to issuance of the building permit. This written opinion shall set forth specifically those code sections for which the noncompliance allegedly exists and the specific reasons the local building official thinks the design package or unique on-site construction documentation fails to meet the code requirements. The local building official shall submit 15 copies of the written opinion. The executive director will submit the local building official's opinion and reasons to the council within three working days following receipt. The council shall determine at the next scheduled meeting, not to exceed 45 days, whether or not the design package or unique on-site construction documentation meets the mandatory state code requirements and shall notify the local building official and the executive director in writing. If the design package or on-site construction documentation is determined by the council to meet the code requirements, the local building official shall issue a building permit. Questions concerning the code compliance of a design package or on-site construction documentation must be raised prior to the issuance of a building permit and, once a local building permit is issued, the local building official shall not stop any on-site construction due to questions about the approved design package or on-site construction documentation.
3. (c) If a dispute or difference of opinion arises between the manufacturer and the third party inspector during an in-plant inspection as to whether the construction meets or exceeds the approved design package, the dispute or differences shall be resolved by the executive director. If the executive director is unable to resolve the dispute, then he will forward it to the council for resolution.
4. (d) If a dispute or difference of opinion arises between the industrialized builder and a local building official or third party inspector as to whether the on-site construction meets or exceeds the approved design package or unique on-site construction documentation, the dispute or difference of opinion shall be resolved by the executive director. If the executive director is unable to resolve the dispute, then he will forward it to the council for resolution.

Source Note:The provisions of this §70.63 adopted to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 1, 2003, 28 TexReg 10458.