Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,055
5985-6306 p. ; 28 cm.View a full description of this periodical.
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Subrecipient Weatherization work shall be covered by general liabil-
ity insurance for an amount not less than combined total of materials,
labor, support and health and safety. The Department strongly recom-
mends Pollution Occurrence Insurance to be part of or an addendum to
Subrecipient's general liability insurance coverage. Subrecipient must
ensure that each Subcontractor performing Weatherization activities
maintain adequate insurance coverage for all units to be weatherized.
Weatherization contractors must provide a one-year warranty on their
work for parts and labor; the period for the warranty coverage shall
begin at the completion of installation. If Subrecipient relinquishes
its Weatherization program, Weatherization work completed within 12
months of the date of surrender of the program, must be covered by
general liability insurance or contractor warranty. Public Organizations
that have self insurance complying with Tex. Gov't Code Chapter 2259
covering weatherization work, may, but are not required to, purchase
additional coverage.
6.411. Customer Education.
Subrecipient shall provide customer education to each WAP customer
on energy conservation practices. Subrecipient shall provide education
to identify energy waste, manage Household energy use, and strategies
to promote energy savings. Subrecipient is encouraged to use oral,
written, and visual educational materials.
6.412. Mold-like Substances.
(a) If the Subrecipient's energy auditor discovers the presence
of mold-like substances that the Weatherization Subcontractor cannot
adequately address, then the Dwelling Unit shall be referred to the
Texas Department of Licensing and Regulation or its successor agency.
(b) The Subrecipient shall provide the applicant written noti-
fication that their home cannot, at this time, be weatherized and why.
Subrecipient shall also inform the applicant in writing that they should
contact the Texas Department of Licensing and Regulation, or succes-
sor agency, to report the presence of mold-like substances. The appli-
cant should be advised that when the issue is resolved they may reapply
for Weatherization. Should the applicant reapply for Weatherization,
the Subrecipient must obtain written documentation of resolution of
the issue from the applicant prior to proceeding with any Weatheriza-
tion work.
(c) If the energy auditor determines that the mold-like sub-
stance is treatable and covers less than the 25 contiguous square feet
limit allowed to be addressed by the Texas Department of Licensing
and Regulation's, or successor agency's guidelines, the Subrecipient
shall notify the applicant of the existence of the mold-like substance
and potential health hazards, the proposed action to eliminate the mold-
like substance, that no guarantee is offered that the mold-like substance
will be eliminated, and that the mold-like substance may return. The
energy auditor must obtain written approval from the applicant to pro-
ceed with the Weatherization work, and maintain the documentation in
the customer file.
(d) Subrecipient shall be responsible for providing mold train-
ing to their employees and Weatherization Subcontractors.
6.413. Lead Safe Practices.
Subrecipient are required to document that its Weatherization staff
as well as all Subcontractors follow the Environmental Protection
Agency's Renovation, Repair and Painting Program (RRP) Final Rule,
40 CFR Part 745 and HUD's Lead Based Housing Rule, 24 CFR Part
35, as applicable.
6.414. Eligibilityfor Multifamily Dwelling Units and Shelters.
(a) Multifamily building and Shelter weatherization is not con-
sidered a federal public benefit and the activity is exempt from the re-
quirements of 6.406(g) and (h) of this subchapter (relating to U.S.Citizen, U.S. National or Qualified Alien, and determining Categorical
Eligibility or Vulnerable Populations, respectively).
(b) A Subrecipient may weatherize a building containing
Rental Units if not less than 66% (50% for duplexes and four-unit
buildings) of the Dwelling Units in the building are occupied by
low income Households, or will become occupied by Low-income
Households within 180 days under a Federal, State, or local gov-
ernment program for rehabilitating the building or making similar
improvements to the building.
(c) In order to weatherize large multifamily buildings contain-
ing twenty-five or more Dwelling Units or those with shared central
heating (e.g., boilers) and/or shared cooling plants (e.g., cooling tow-
ers that use water as the coolant) regardless of the number of Dwelling
Units, Subrecipient shall submit in writing to the Department a request
for approval along with evidence which clearly shows that an invest-
ment of funds would result in Significant Energy Savings because of
upgrades to equipment, energy systems, common space, or the building
shell. When necessary, the Department will seek approval from DOE.
Approvals from the Department in writing must be received prior to the
installation of any Weatherization measures in this type of structure.
(d) In order to weatherize Shelters, Subrecipient shall submit
a written request for approval from the Department. Written approval
from the Department must be received prior to the installation of any
Weatherization measures. Income determination is not required to be
done for residents of Shelters.
(e) If roof repair is to be considered as an eligible repair cost
under the Weatherization process, the expenses must be shared equally
by all eligible Dwelling Units weatherized under the same roof. If
multiple storied buildings are weatherized, eligible ground floor units
must be allocated a portion of the roof cost as well as the eligible top
floor units. All Weatherization measures installed in multifamily units
must meet the standards set in 10 CFR 440.18(d)(9) and (15), and
Appendix A-Standards for Weatherization Materials.
(f) Subrecipient shall establish a multifamily master file for
each multifamily project in addition to the applicable Dwelling Unit
recordkeeping requirements found in the Contract. The multifamily
master file must include, at a minimum, the forms (available on the
Department's website) listed in paragraphs (1) - (6) of this subsection:
(1) Multifamily Project Preparation Checklist;
(2) Multifamily Project Completion Checklist;
(3) Landlord Permission to Perform Assessment and In-
spections for Rental Units;
(4) Landlord Agreement;
(5) Landlord Financial Participation Form; and
(6) Multifamily Project Building Data Checklist.
(g) Subrecipient shall contact the Department for record keep-
ing guidance if it wishes to weatherize a Shelter.
(h) For DOE WAP, if a public housing or assisted multi-family
building has gone through the HUD Property Certification Procedure
outlined in DOE Weatherization Program Notice 17-4 or is identified
by the HUD and included on a list identified in Weatherization Program
Notice 17-4 or successor notice as having already gone through the
HUD Property Certification Procedure, that building meets income el-
igibility without the need for further evaluation or verification by Sub-
recipient. A public housing or assisted housing building that does not
appear on the list using HUD records may still qualify for the WAP. In-
come eligibility can be made on an individual basis by the SubrecipientPROPOSED RULES September 17, 2021 46 TexReg 6055
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/73/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.