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Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
   (a) Definitions.                                       thermal imaging equipment, moisture meters,
                                                          gas leak detection equipment, environmental
      (1) Accessible--In    the    reasonable
                                                          testing equipment and devices, elevation
judgment of the inspector, capable of being
                                                          determination devices, and ladders capable of
approached, entered, or viewed without:
                                                          reaching surfaces over one story above ground
          (A) undue hazard to the inspector;              surfaces.
           (B) moving furnishings        or   large,             (10)  Specialized           procedures--
heavy, or fragile objects;                                Procedures such as environmental testing,
                                                          elevation measurement, and any method
          (C)    using   specialized     tools   or
                                                          employing destructive testing that damages
procedures;
                                                          otherwise sound materials or finishes.
           (D) disassembling items other than
                                                                (11)   Standards        of       practice--
covers or panels intended to be removed for
                                                          §§535.227 - 535.233 of this title.
inspection;
                                                                (b) Scope.
          (E) damaging property; or
                                                                  (1) These standards of practice define
           (F) using a ladder for portions of the
                                                          the minimum levels of inspection required for
inspection other than the roof or attic space.
                                                          substantially        completed        residential
      (2) Chapter 1102--Texas          Occupations        improvements to real property up to four
Code, Chapter 1102.                                       dwelling units. A real estate inspection is a
                                                          limited visual survey and basic operation of the
       (3) Cosmetic--Related      only     to
                                                          systems and components of a building using
appearance or aesthetics, and not related to
                                                          normal controls and does not require the use of
structural performance, operability, or water
                                                          specialized tools or procedures. The purpose of
penetration.
                                                          the inspection is to provide the client with
        (4) Deficiency--A condition that, in the          information regarding the general condition of
inspector’s reasonable opinion, adversely and             the residence at the time of inspection. The
materially affects the performance of a system            inspector may provide a higher level of
or component or constitutes a hazard to life,             inspection performance than required by these
limb, or property as specified by these                   standards of practice and may inspect parts,
standards of practice.      General deficiencies          components, and systems in addition to those
include but are not limited to inoperability,             described by the standards of practice.
material distress, water penetration, damage,
                                                                 (2) General     Requirements.          The
deterioration, missing parts, and unsuitable
                                                          inspector shall:
installation.
                                                                     (A) operate  fixed   or     installed
      (5) Deficient--Reported as having one or
                                                          equipment and appliances listed herein in at
more deficiencies.
                                                          least one mode with ordinary controls at typical
       (6) Inspect--To look at and examine                settings;
accessible    items,   parts,  systems,      or
                                                                       (B) visually    inspect    accessible
components and report observed deficiencies.
                                                          systems or components from near proximity to
       (7) Performance--Achievement of an                 the systems and components, and from the
operation, function, or configuration consistent          interior of the attic and crawl spaces; and
with accepted industry practice.
                                                                    (C) complete the standard inspection
       (8) Report--To provide the inspector's             report form as required by §535.222 and
opinions and findings on the standard                     §535.223 of this title.
inspection report form.
                                                                 (3) General limitations. The inspector is
       (9) Specialized   tools--Tools    such    as       not required to:




                                                 Page 3 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
           (A) inspect:                                                (D) anticipate future events              or
                                                            conditions, including but not limited to:
                 (i) items other than those listed
herein;                                                                 (i)  decay,    deterioration,   or
                                                            damage that may occur after the inspection;
                 (ii) elevators;
                                                                          (ii) deficiencies       from       abuse,
             (iii) detached structures, decks,
                                                            misuse or lack of use,
docks, fences, or waterfront structures or
equipment;                                                                (iii) changes in performance of
                                                            any part, component, or system due to changes
               (iv) anything       buried,    hidden,
                                                            in use or occupancy;
latent, or concealed; or
                                                                          (iv) the consequences of the
               (v) automated or programmable
                                                            inspection or its effects on current or future
control     systems,       automatic      shut-off,
                                                            buyers and sellers;
photoelectric sensors, timers, clocks, metering
devices, signal lights, lightning arrestor system,                        (v) common household accidents,
remote controls, security or data distribution              personal injury, or death;
systems, or solar panels;
                                                                          (vi)    the     presence      of   water
           (B) report:                                      penetration(s); or
              (i) past repairs that appear to be                            (vii) future performance of any
effective and workmanlike;                                  item;
                 (ii) cosmetic     or        aesthetic                (E) operate shut-off, safety, stop,
conditions; or                                              pressure, or pressure-regulating valves or
                                                            items requiring the use of codes, keys,
                 (iii) wear and tear from ordinary
                                                            combinations, or similar devices;
use;
                                                                         (F) designate conditions as safe;
           (C) determine:
                                                                        (G)recommend            or   provide
               (i) insurability, warrantability,
                                                            engineering,         architectural,    appraisal,
suitability, adequacy, capacity, reliability,
                                                            mitigation, physical surveying, realty, or other
marketability,     operating    costs,   recalls,
                                                            specialist services;
counterfeit products, life expectancy, age,
energy efficiency, vapor barriers, thermostatic                         (H) review    historical  records,
operation, code compliance, utility sources, or             installation instructions, repair plans, cost
manufacturer      or  regulatory   requirements             estimates, disclosure documents, or other
except as specifically required by these                    reports;
standards;
                                                                         (I) verify sizing, efficiency, or
               (ii) the presence or absence of              adequacy      of the ground surface drainage
pests, termites, or other wood-destroying                   system;
insects or organisms;
                                                                         (J) operate    recirculation   or    sump
                (iii) the presence, absence, or             pumps;
risk of asbestos, lead-based paint, mold,
                                                                       (K) remedy conditions            preventing
mildew, or any other environmental hazard,
                                                            inspection of any item;
environmental pathogen, carcinogen, toxin,
mycotoxin, pollutant, fungal presence or                                 (L) apply open flame to operate any
activity, or poison; or                                     appliance;
                 (iv)    types     of  wood    or                    (M) turn      on       decommissioned
preservative        treatment      and   fastener           equipment, systems, or utility services; or
compatibility;




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Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
        (N) provide repair cost estimates,              component, the earliest practical opportunity
recommendations, or re-inspection services.             for the notice required by this subsection is the
                                                        first contact with the prospect and the inspector
        (4) In the event of a conflict between
                                                        has reason to believe that the property being
specific provisions and general provisions in the
                                                        inspected has the part, system, or component
standards of practice, specific provisions shall
                                                        the inspector routinely does not inspect.
take precedence.
                                                            (c) Enforcement. Failure to comply with the
       (5) Departure.
                                                        standards of practice is grounds for disciplinary
          (A) An inspector may depart from              action as prescribed by Chapter 1102.
the standards of practice only if the
requirements of subparagraph (B) are met,
and:                                                    §535.228. Standards of Practice: Minimum
                                                        Inspection Requirements for Structural
               (i) the inspector and client agree
                                                        Systems.
the item is not to be inspected;
                                                              (a) Foundations. The inspector shall:
               (ii) the inspector is not qualified
to inspect the item;                                           (1) inspect slab surfaces, foundation
                                                        framing components, subflooring, and related
              (iii) conditions beyond the control
                                                        structural components;
of the inspector reasonably prevent inspection
of an item;                                                      (2) report:
              (iv)the item is a common                               (A) the type of foundation(s); and
element of a multi-family development and is
                                                                  (B) the vantage point from which the
not in physical contact with the unit being
                                                        crawl space was inspected; and
inspected, such as the foundation under
another building or a part of the foundation                    (3) generally report present and visible
under another unit in the same building;                indications used to render the opinion of
                                                        adverse performance, such as:
              (v) the inspector reasonably
determines that conditions or materials are                          (A) open or offset concrete cracks;
hazardous to the health or safety of the
                                                                   (B) binding,   out-of-square,   non-
inspector; or
                                                        latching, warped, or twisted doors or frames;
             (vi)the   inspector   reasonably
                                                                  (C) framing         or     frieze    board
determines that actions of the inspector may
                                                        separations;
cause damage to the property.
                                                                   (D)out-of-square wall openings or
           (B) If a part, component, or system
                                                        separations at wall openings or between the
required for inspection is not inspected, the
                                                        cladding and window/door frames;
inspector shall:
                                                                  (E) sloping   floors,   countertops,
              (i) advise the client at the
                                                        cabinet doors, or window/door casings;
earliest practical opportunity that the part,
component, or system will not be inspected;                          (F) wall, floor, or ceiling cracks;
and
                                                                   (G)rotating, buckling, cracking, or
               (ii) make an appropriate notation        deflecting masonry cladding;
on the inspection report form, clearly stating
                                                                    (H) separation of walls from ceilings
the reason the part, component, or system was
                                                        or floors; and
not inspected.
                                                                     (I) soil erosion,      subsidence  or
          (C) If the inspector routinely departs
                                                        shrinkage     adjacent to the       foundation and
from   inspection of a part, system, or




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Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
differential movement of abutting flatwork such                (2) determine area hydrology or the
as walkways, driveways, and patios;                      presence of underground water; or
       (4) report as Deficient:                                (3) determine the efficiency or operation
                                                         of underground or surface drainage systems.
          (A) exposed          or        damaged
reinforcement;                                              (e) Roof covering materials.         The inspector
                                                         shall:
           (B) a crawl space that does not
appear to be adequately ventilated;                             (1) inspect the roof covering materials
                                                         from the surface of the roof;
          (C) crawl space drainage that does
not appear to be adequate;                                     (2) report:
           (D)deteriorated materials;                              (A) type of roof covering(s);
           (E) damaged beams, joists, bridging,                     (B) vantage point from where the
blocking, piers, posts, pilings, or subfloor;            roof was inspected
            (F) non-supporting     piers,    posts,                (C) any levels or surfaces that were
pilings, columns, beams, sills, or joists; and           not accessed;
           (G)damaged retaining walls related                        (D)evidence of previous repairs to
to foundation performance; and                           roof covering materials, flashing details,
                                                         skylights, and other roof penetrations; and
      (5) render a written opinion as to the
performance of the foundation.                                     (E) evidence of water penetration;
                                                         and
    (b) Specific limitations for foundations. The
inspector is not required to:                                   (3) report as Deficient:
       (1) enter a crawlspace or any area                           (A) a roof covering that           is   not
where headroom is less than 18 inches or the             appropriate for the slope of the roof;
access opening is less than 24 inches wide and
                                                                   (B) deficiencies in:
18 inches high;
                                                                       (i) fastening of roof covering
       (2) provide    an   exhaustive   list  of
                                                         material, as determined by a random sampling;
indicators of possible adverse performance; or
                                                                       (ii) roof covering materials;
      (3) inspect retaining walls not related to
foundation performance.                                                (iii) flashing details;
   (c) Grading and drainage.        The inspector                      (iv)skylights; and
shall report as Deficient:
                                                                       (v) other roof penetrations.
      (1) improper or inadequate grading
                                                            (f) Specific limitations for roof covering.
around the foundation (including flatwork);
                                                         The inspector is not required to:
       (2) erosion;
                                                               (1) determine     the    remaining           life
       (3) water ponding; and                            expectancy of the roof covering;
     (4) deficiencies in installed gutter and                    (2) inspect the roof from the roof level
downspout systems.                                       if, in the inspector’s reasonable judgment, the
                                                         inspector cannot safely reach or stay on the
    (d) Specific limitations for grading and
                                                         roof or significant damage to the roof covering
drainage. The inspector is not required to:
                                                         materials may result from walking on the roof;
       (1) inspect         flatwork          or
                                                                (3) determine the number of layers of
detention/retention ponds (except as related to
                                                         roof covering material;
slope and drainage);




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Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
       (4) identify latent hail damage; or                            (B) deficiencies related to structural
                                                             performance or water penetration; and
       (5) provide an exhaustive list of
locations of water penetrations or previous                           (C) lack of fire separation between
repairs.                                                     the garage and the residence and its attic
                                                             space.
   (g) Roof structure and attic.    The inspector
shall:                                                          (j) Specific limitation for interior walls,
                                                             doors, ceilings, and floors. The inspector is not
       (1) report:
                                                             required to:
           (A) the vantage point from which the
                                                                    (1) report cosmetic damage or the
attic space was inspected;
                                                             condition of floor, wall, or ceiling coverings;
             (B) the presence of and approximate             paints, stains, or other surface coatings;
average depth of attic insulation and thickness              cabinets; or countertops, or
of vertical insulation, when visible; and
                                                                     (2) provide an exhaustive              list    of
           (C) evidence of water penetration;                locations of water penetrations.
and
                                                                 (k) Exterior walls, doors, and windows. The
       (2) report as Deficient:                              inspector shall:
          (A) attic space that does not appear                     (1) report         evidence       of       water
to be adequately ventilated;                                 penetration; and
         (B) deficiencies in installed framing                      (2) report as Deficient:
members and decking;
                                                                      (A) the lack of functional emergency
          (C) deflections or depressions in the              escape and rescue openings in all sleeping
roof surface as related to the adverse                       rooms;
performance of the framing and the roof deck;
                                                                        (B) the lack of a solid wood door not
           (D)missing insulation;                            less than 1-3/8 inches in thickness, a solid or
                                                             honeycomb core steel door not less than 1-3/8
          (E) deficiencies in attic access ladder
                                                             inches thick, or a 20-minute fire-rated door
and access opening; and
                                                             between the residence and an attached garage;
           (F) deficiencies in attic ventilators.
                                                                         (C) missing or damaged screens;
    (h) Specific limitations for roof structure and
                                                                      (D) deficiencies related to structural
attic. The inspector is not required to:
                                                             performance or water penetration; and
       (1) enter attics or unfinished spaces
                                                                         (E) deficiencies in:
where openings are less than 22 inches by 30
inches or headroom is less than 30 inches;                                   (i) claddings;
       (2) operate powered ventilators; or                                   (ii) water resistant materials and
                                                             coatings;
       (3) provide an exhaustive            list    of
locations of water penetrations.                                             (iii) flashing      details           and
                                                             terminations;
   (i) Interior walls, ceilings, floors, and doors.
The inspector shall:                                                       (iv)the condition and operation of
                                                             exterior doors, garage doors, and hardware;
       (1)    report     evidence      of     water
                                                             and
penetration; and
                                                                             (v) window         operation          and
       (2) report as Deficient:
                                                             components.
          (A) doors and hardware that do not
operate properly;



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Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
    (l) Specific limitations for exterior walls,               (p) Specific limitation for stairways. The
doors, and windows.        The inspector is not            inspector is not required to exhaustively
required to:                                               measure every stairway component.
      (1) report the condition or presence of                 (q) Fireplace and chimney. The inspector
awnings,   shutters,  security   devices,  or              shall report as Deficient:
systems;                                                           (1) built-up creosote in visible areas of
                                                           the firebox and flue;
       (2) determine the cosmetic condition of
paints, stains, or other surface coatings; or
                                                                 (2)   the  presence  of  combustible
       (3) operate a lock if the key is not                materials in near proximity to the firebox
available.                                                 opening;
    (m) Exterior and interior glazing.           The              (3) the absence of fireblocking at the
inspector shall:                                           attic penetration of the chimney flue, where
                                                           accessible;
       (1) inspect    the   window     and       door
glazing; and                                                      (4) an inoperative circulating fan; and
       (2) report as Deficient:                                   (5) deficiencies in the:
           (A) insulated windows that are                              (A) damper;
obviously fogged or display other evidence of
                                                                      (B) lintel, hearth, hearth extension,
broken seals;
                                                           and firebox;
           (B) deficiencies in glazing, weather
                                                                       (C) gas   log   lighter   valve    and
stripping, and glazing compound in windows
                                                           location;
and exterior doors; and
                                                                       (D)combustion air vents; and
          (C) the absence of safety glass in
hazardous locations.                                                  (E) chimney structure, termination,
                                                           coping, crown, caps, and spark arrestor.
    (n) Specific limitation for exterior and
interior glazing. The inspector is not required               (r) Specific limitations for fireplace and
to:                                                        chimney. The inspector is not required to:
      (1) exhaustively observe insulated                          (1) verify the integrity of the flue;
windows for evidence of broken seals;
                                                                  (2) perform a chimney smoke test; or
        (2) exhaustively    observe    glazing    for
                                                                  (3) determine the adequacy of the draft.
identifying labels; or
                                                              (s) Porches, Balconies, Decks, and Carports.
       (3) identify specific locations of damage.
                                                           The inspector shall:
    (o) Interior and exterior stairways.         The
                                                                  (1) inspect balconies, attached carports,
inspector shall report as Deficient:
                                                           and attached porches and abutting porches,
       (1)    spacing    between      intermediate         decks, and balconies that are used for ingress
balusters, spindles, or rails for steps, stairways,        and egress; and
guards, and railings that permit passage of an
                                                                  (2) report as Deficient:
object greater than 4 inches in diameter,
except that on the open side of the staircase                         (A) on decks 30 inches or higher
treads, spheres less than 4-3/8 inches in                  above the adjacent grade, spacings between
diameter may pass through the guard rail                   intermediate balusters, spindles, or rails that
balusters or spindles; and                                 permit passage of an object greater than four
                                                           inches in diameter;
       (2) deficiencies in steps,       stairways,
landings, guardrails, and handrails.




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Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
           (B) deficiencies in visible footings,                      (E) are not bonded and grounded;
piers, posts, pilings, beams, joists, decking,
                                                                 (7) cabinets, disconnects, cutout boxes,
water proofing at interfaces, flashing, surface
                                                           and panel boards that do not have dead fronts
coverings, and attachment points of porches,
                                                           secured in place with proper fasteners;
decks, balconies, and carports; and
                                                                  (8) conductors not protected from the
           (C) deficiencies in, or absence of
                                                           edges of electrical cabinets, gutters, or cutout
required, guardrails and handrails.
                                                           boxes;
   (t) Specific limitation for porches, balconies,
                                                                   (9) trip ties not installed on 240 volt
decks, and carports.       The inspector is not
                                                           circuits;
required to:
                                                                  (10) deficiencies in the type and
      (1) exhaustively measure the porch,
                                                           condition of the wiring in the cutout boxes,
balcony, deck, or attached carport components;
                                                           cabinets, or gutters;
or
                                                                  (11) deficiencies in the compatibility of
       (2) enter any area where headroom is
                                                           overcurrent devices and conductors;
less than 18 inches or the access opening is
less than 24 inches wide and 18 inches high.                      (12) deficiencies in the overcurrent
                                                           device and circuit for labeled and listed 240 volt
                                                           appliances;
§535.229. Standards of Practice: Minimum
                                                                   (13) a panel that is installed in a
Inspection Requirements for Electrical
                                                           hazardous location, such as a clothes closet, a
Systems.
                                                           bathroom, where there are corrosive or easily
   (a) Service entrance and panels.              The       ignitable materials, or where the panel is
       inspector shall report as Deficient:                exposed to physical damage;
       (1) a drop, weatherhead, or mast that is                  (14)   the absence of   appropriate
not securely fastened to the structure;                    connections,   such as  copper/aluminum-
                                                           approved devices;
      (2) the lack of a grounding electrode
system;                                                          (15) the absence of anti-oxidants on
                                                           aluminum conductor terminations;
      (3) the lack of a grounding electrode
conductor;                                                       (16) the lack of a main disconnecting
                                                           means;
       (4) the lack of a secure connection to
the grounding electrode system;                                   (17) the lack of arc-fault circuit
                                                           interrupting devices serving family rooms,
        (5) deficiencies in the insulation of the
                                                           dining rooms, living rooms, parlors, libraries,
service    entrance    conductors,    drip  loop,
                                                           dens, bedrooms, sunrooms, recreations rooms,
separation of conductors at weatherheads, and
                                                           closets, hallways, or similar rooms or areas;
clearances;
                                                           and
       (6) electrical cabinets, gutters, meter
                                                                   (18) failure of operation of installed arc-
cans, and panel boards that:
                                                           fault circuit interrupter devices.
            (A) are not secured to the structure;
                                                               (b)      Specific limitations for service
            (B) are   not   appropriate   for   their      entrance and panels.    The inspector is not
location;                                                  required to:
          (C) have deficiencies in clearances                      (1) determine present  or  future
and accessibility;                                         sufficiency of service capacity amperage,
                                                           voltage, or the capacity of the electrical
            (D) are missing knockouts; or
                                                           system;




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Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
       (2) test arc-fault circuit interrupter                              (i) are damaged;
devices when the property is occupied or
                                                                           (ii) are inoperative;
damage to personal property may result, in the
inspector’s reasonable judgment;                                           (iii) have incorrect polarity;
       (3) report the lack of arc-fault circuit                            (iv)are      not      grounded,     if
interrupter protection when the circuits are in           applicable;
conduit;
                                                                        (v) display evidence of arcing or
       (4) conduct voltage drop calculations;             excessive heat;
       (5) determine      the       accuracy     of                        (vi)are not securely mounted; or
overcurrent device labeling;
                                                                           (vii) have missing or damaged
      (6) remove covers where hazardous as                covers;
judged by the inspector;
                                                                        (D) switches that:
       (7) verify   the         effectiveness    of
                                                                           (i) are damaged;
overcurrent devices; or
                                                                           (ii) are inoperative;
       (8) operate overcurrent devices.
                                                                        (iii) display evidence of arcing or
     (c) Branch circuits, connected devices, and
                                                          excessive heat;
fixtures. The inspector shall:
                                                                           (iv)are not securely mounted; or
      (1) report the type of branch circuit
conductors;                                                                (v) have    missing     or    damaged
                                                          covers;
        (2) manually test the accessible smoke
alarms by use of the manufacturer’s approved                        (E) deficiencies in or absences of
test or by the use of canned smoke; and                   conduit, where applicable;
       (3) report as Deficient:                                     (F) appliances and metal pipes that
                                                          are not bonded or grounded;
           (A) the lack of ground-fault circuit
interrupter protection in all:                                       (G)deficiencies in wiring, wiring
                                                          terminations,   junctions,   junction boxes,
               (i) bathroom receptacles;
                                                          devices, and fixtures, including improper
               (ii) garage receptacles;                   location;
               (iii)outdoor receptacles;                            (H) the          lack     of        equipment
                                                          disconnects;
               (iv) crawl space receptacles;
                                                                     (I) the   absence    of   appropriate
               (v) unfinished             basement
                                                          connections,     such    as   copper/aluminum
receptacles;
                                                          approved devices, if branch circuit aluminum
              (vi) kitchen              countertop        conductors are discovered in the main or sub-
receptacles; and                                          panel based on a random sampling of
                                                          accessible receptacles and switches;
              (vii) laundry, utility, and wet bar
sink receptacles located within 6 feet of the                           (J) improper use of extension cords;
outside edge of a laundry, utility, or wet bar
                                                                    (K) deficiencies in smoke alarms that
sink; and
                                                          are not connected to a central alarm system;
          (B) the failure of operation of                 and
ground-fault circuit interrupter protection
                                                                        (L) the lack of smoke alarms:
devices;
                                                                           (i) in each sleeping room;
           (C) receptacles that:




                                                Page 10 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
             (ii) outside  each       separate                           (D)burners, burner ignition devices
sleeping area in the immediate vicinity of the                 or     heating     elements,   switches,    and
sleeping rooms; and                                            thermostats that are not a minimum of 18
                                                               inches above the lowest garage floor
               (iii) on each additional story of
                                                               elevation, unless the unit is listed for garage
the dwelling, including basements but excluding
                                                               floor installation;
crawl spaces and uninhabitable attics (in
dwellings with split levels and without an                                (E) inappropriate location;
intervening door between the levels, a smoke
                                                                       (F) inadequate            access        and
alarm installed on the upper level and the
                                                             clearances;
adjacent lower level shall suffice provided that
the lower level is less than one full story below                       (G) deficiencies in mounting           and
the upper level).                                            operation of window units; and
    (d) Specific limitations for branch circuits,                         (H) deficiencies in thermostats;
connected devices, and fixtures. The inspector
                                                                    (3) in electric units, report as Deficient
is not required to:
                                                             deficiencies in:
         (1) inspect low voltage wiring;
                                                                          (A) operation of heating elements;
         (2) disassemble mechanical appliances;              and
       (3) verify the effectiveness of smoke                              (B) condition of conductors; and
alarms;
                                                                     (4) in gas units, report as Deficient:
         (4) verify    interconnectivity   of    smoke
                                                                          (A) gas leaks;
alarms
                                                                       (B) the presence of forced air in the
        (5) activate smoke alarms that are being
                                                             burner compartment;
actively monitored or require the use of codes;
or                                                                     (C) flame   impingement,     uplifting
                                                             flame, improper flame color, or excessive scale
        (6) verify that smoke alarms are suitable
                                                             buildup;
for the hearing-impaired.
                                                                          (D) the lack of a gas shut-off valve;
                                                             and
§535.230. Standards of Practice: Minimum
                                                                          (E) deficiencies in:
Inspection Requirements for Heating,
Ventilation, and Air Conditioning Systems.                                   (i) conditioned, combustion, and
                                                             dilution air;
   (a) Heating equipment. The inspector shall:
                                                                             (ii)   gas    shut-off   valves   and
         (1) report:
                                                             locations;
             (A) the type of heating system(s);
                                                                           (iii) gas connector materials and
and
                                                             connections; and
             (B) the energy source(s);
                                                                           (iv) the vent pipe, draft hood,
         (2) report as Deficient:                            draft, proximity to combustibles, and vent
                                                             termination point and clearances.
             (A) an inoperative unit;
                                                                (b)    Cooling   equipment     other           than
           (B) deficiencies in the controls and
                                                             evaporative coolers. The inspector shall:
operating components of the system;
                                                                    (1) report the type of system(s); and
           (C) the      lack   of   protection    from
physical damage;                                                    (2) report as Deficient:
                                                                          (A) inoperative unit(s);



                                                   Page 11 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
          (B) inadequate       cooling            as       panels, water trays, exterior housing, or the
demonstrated by its performance in               the       roof frame;
reasonable judgment of the inspector;
                                                                     (D) less than a one-inch air gap
          (C) inadequate           access       and        between the water discharge at the float and
clearances;                                                water level in the reservoir;
           (D)noticeable vibration of the blower                      (E) corrosion, decay, or rust on the
fan or condensing fan;                                     pulleys of the motor or blower;
         (E) deficiencies in the condensate                          (F) the lack of a damper; and
drain and auxiliary/secondary pan and drain
                                                                     (G) deficiencies in the:
system;
                                                                          (i) function of the pump;
             (F) water in the auxiliary/secondary
drain pan;                                                                (ii) interior housing, the spider
                                                           tubes, tube clips, bleeder system;
          (G)a primary drain           pipe     that
terminates in a sewer vent;                                               (iii) blower and bearings;
           (H) missing or deficient refrigerant                           (iv)float bracket;
pipe insulation;
                                                                          (v) fan belt;
           (I) dirty evaporator or condensing
                                                                          (vi)evaporative pad(s);
coils, where accessible;
                                                                          (vii) installation and condition of
             (J) damaged casings on the coils;
                                                           the legs on the roof rails and fasteners to the
            (K) a  condensing     unit  lacking            roof structure and the unit;
adequate clearances or air circulation or that
                                                                          (viii) roof jack; and
has deficiencies in the condition of fins,
location, levelness, or elevation above ground                            (ix)thermostats.
surfaces;
                                                               (d) Duct system, chases, and vents.           The
           (L) deficiencies in mounting         and        inspector shall report as Deficient:
operation of window or wall units; and
                                                                  (1) damaged ducting or insulation,
             (M) deficiencies in thermostats.              improper material, or improper routing of
                                                           ducts;
   (c) Evaporative coolers.         The inspector
shall:                                                            (2) the absence of air flow at accessible
                                                           supply registers in the habitable areas of the
       (1) report:
                                                           structure;
          (A) type of system(s) (one- or two-
                                                                  (3) improper or inadequate clearance
speed);
                                                           from the earth; and
          (B) the type of water supply line; and
                                                                  (4) deficiencies in:
          (C) winterized units that are drained
                                                                      (A) duct fans;
              and shut down; and
                                                                      (B) filters;
       (2) report as Deficient:
                                                                      (C) grills or registers;
          (A) inoperative units;
                                                                     (D)the      location      of   return   air
          (B) inadequate          access        and
                                                           openings; and
clearances;
                                                                       (E) gas    piping,   sewer    vents,
        (C) corrosive and mineral build-up or
                                                           electrical wiring, or junction boxes in the duct
rust damage/decay at the pump, louvered
                                                           system, plenum(s), and chase(s).



                                                 Page 12 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
   (e) Specific limitations for the heating
equipment, cooling equipment, duct system,
                                                             §535.231. Standards of Practice: Minimum
chases, and vents.       The inspector is not
                                                             Inspection Requirements for Plumbing
required to:
                                                             Systems.
       (1)    program    digital    thermostats     or
                                                                   (a) Plumbing systems. The inspector shall:
controls;
                                                                      (1) report:
       (2) inspect:
                                                                          (A) static water pressure;
           (A) for pressure of the system
refrigerant, type of refrigerant, or refrigerant                          (B) location of water meter; and
leaks;
                                                                          (C) location of main water supply
             (B) winterized evaporative coolers;             valve; and
or
                                                                      (2) report as Deficient:
            (C) humidifiers, dehumidifiers, air
                                                                          (A) the presence of active leaks;
purifiers, motorized dampers, electronic air
filters, multi-stage controllers, sequencers, heat                        (B) the   lack    of     fixture     shut-off
reclaimers, wood burning stoves, boilers, oil-               valves;
fired units, supplemental heating appliances,
                                                                       (C) the      lack    of    dielectric   unions,
de-icing provisions, or reversing valves;
                                                             when applicable;
       (3) operate:
                                                                         (D) the lack of back-flow devices,
           (A) setback features on thermostats               anti-siphon devices, or air gaps at the flow end
or controls;                                                 of fixtures;
          (B) cooling equipment when the                               (E) water pressure below 40 psi or
outdoor temperature is less than 60 degrees                  above 80 psi static;
Fahrenheit;
                                                                       (F) the lack of a pressure reducing
          (C) radiant heaters, steam heat                    valve when the water pressure exceeds 80 PSI;
systems, or unvented gas-fired heating
                                                                        (G) the lack of an expansion tank at
appliances; or
                                                             the water heater(s) when a pressure reducing
        (D) heat pumps when temperatures                     valve is in place at the water supply
may damage equipment;                                        line/system; and
       (4) verify:                                                        (H) deficiencies in:
             (A) compatibility of components;                                (i) water supply pipes and waste
                                                             pipes;
             (B) the accuracy of thermostats; or
                                                                           (ii) the     installation               and
         (C)      the   integrity    of   the     heat
                                                             termination of the vent system;
exchanger; or
                                                                       (iii) the operation of fixtures             and
       (5) determine:
                                                             faucets not connected to an appliance;
          (A) sizing, efficiency, or adequacy of
                                                                       (iv)water supply, as determined by
the system;
                                                             viewing functional flow in two fixtures operated
           (B) uniformity of the supply of                   simultaneously;
conditioned air to the various parts of the
                                                                          (v) functional drainage at fixtures;
structure; or
                                                                          (vi)orientation    of     hot      and   cold
           (C) types of materials contained in
                                                             faucets;
insulation.




                                                   Page 13 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
            (vii)   installed   mechanical           drain                   (B)leaking or corroded fittings or
stops;                                                           tank(s);
          (viii)  installation, condition, and                               (C) broken       or        missing    parts    or
operation of commodes;                                           controls;
          (ix)fixtures,     showers,         tubs,    and                    (D) the lack of a cold water shut-off
enclosures; and                                                  valve;
            (x) the  condition         of     the     gas                   (E) if applicable, the lack of a pan
distribution system.                                             and drain system and the improper termination
                                                                 of the pan drain line;
   (b) Specific  limitations    for   plumbing
systems. The inspector is not required to:                                   (F) an unsafe location;
        (1) operate any main, branch, or shut-                               (G) burners, burner ignition devices
off valves;                                                      or heating elements, switches, or thermostats
                                                                 that are not a minimum of 18 inches above the
       (2) operate or inspect sump pumps or
                                                                 lowest garage floor elevation, unless the unit is
waste ejector pumps;
                                                                 listed for garage floor installation;
         (3) inspect:
                                                                             (H) inappropriate location;
           (A)any system that has been
                                                                           (I) inadequate                 access           and
winterized, shut down or otherwise secured;
                                                                 clearances;
           (B)circulating pumps, free-standing
                                                                            (J) the    lack        of     protection   from
appliances, solar water heating systems, water-
                                                                 physical damage;
conditioning equipment, filter systems, water
mains, private water supply systems, water                                  (K) a temperature and pressure relief
wells, pressure tanks, sprinkler systems,                        valve that:
swimming pools, or fire sprinkler systems;
                                                                                 (i) does not operate manually;
          (C) the       inaccessible        gas     supply
                                                                                 (ii) leaks;
system for leaks;
                                                                                 (iii) is damaged;
            (D) for sewer clean-outs; or
                                                                                 (iv) cannot be tested due to
           (E) for the presence or operation of
                                                                 obstructions;
private sewage disposal systems;
                                                                                 (v) is corroded; or
         (4) determine:
                                                                                 (vi) is improperly located; and
          (A) quality, potability, or volume of
the water supply; or                                                        (L) temperature and pressure relief
                                                                 valve discharge piping that:
          (B) effectiveness of backflow or anti-
siphon devices; or                                                               (i) lacks gravity drainage;
      (5) verify the functionality of clothes                                    (ii) is improperly sized;
washing drains or floor drains.
                                                                                 (iii) has inadequate material; or
   (c) Water heaters. The inspector shall:
                                                                                 (iv)lacks proper termination;
         (1) report the energy source;
                                                                         (4) in electric units, report as Deficient
         (2) report the capacity of the unit(s);                 deficiencies in:
         (3) report as Deficient:                                            (A) operation of heating elements;
                                                                 and
            (A)inoperative unit(s);
                                                                             (B) condition of conductors; and



                                                       Page 14 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
       (5) in gas units, report as Deficient:             required to determine the adequacy of self-
                                                          draining features of circulation systems.
          (A) gas leaks;
          (B) lack of burner shield(s);
                                                          §535.232. Standards of Practice: Minimum
          (C) flame   impingement,     uplifting
                                                          Inspection Requirements for Appliances.
flame, improper flame color, or excessive scale
build-up;                                                    (a) Dishwasher.      The inspector shall report
                                                          as Deficient:
          (D) the lack of a gas shut-off valve;
              and                                               (1) inoperative unit(s);
          (E) deficiencies in:                                 (2) rust on the interior of the cabinet or
                                                          components;
               (i) combustion and dilution air;
                                                                (3) failure to drain properly;
               (ii) gas   shut-off   valve(s)   and
location(s);                                                    (4) the presence of active water leaks;
                                                          and
              (iii) gas connector materials and
connections; and                                                (5) deficiencies in the:
              (iv)vent pipe, draft hood, draft,                     (A) door gasket;
proximity    to    combustibles,   and    vent
                                                                    (B) control and control panels;
termination point and clearances.
                                                                    (C) dish racks;
   (d) Specific limitations for water heaters.
The inspector is not required to:                                   (D)rollers;
       (1) verify the effectiveness of the                          (E) spray arms;
temperature    and     pressure   relief valve,
                                                                    (F) operation of the soap dispenser;
discharge piping, or pan drain pipes;
                                                                    (G)door springs;
       (2) operate the temperature and
pressure relief valve if the operation of the                       (H) dryer element;
valve may, in the inspector’s reasonable
                                                                    (I) door latch and door disconnect;
judgment, cause damage to persons or
property; or                                                        (J) rinse cap;
       (3) determine the efficiency or adequacy                     (K) secure mounting of the unit; and
of the unit.
                                                                    (L) backflow prevention.
   (e) Hydro-massage therapy equipment.
                                                             (b) Food waste disposer. The inspector shall
The inspector shall report as Deficient:
                                                          report as Deficient:
       (1) inoperative unit(s) and controls;
                                                                (1) inoperative unit(s);
       (2) the presence of active leaks;
                                                                (2) unusual sounds or vibration level;
       (3) inaccessible pump(s) or motor(s);
                                                                (3) the presence of active water leaks;
      (4) the lack or failure of required                 and
ground-fault circuit interrupter protection; and
                                                                (4) deficiencies in the:
       (5) deficiencies in the ports, valves,
                                                                    (A) splash guard;
grates, and covers.
                                                                    (B) grinding components;
   (f) Specific limitation for hydro-massage
therapy equipment.       The inspector is not                       (C) exterior casing; and
                                                                    (D) secure mounting of the unit.



                                                Page 15 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
   (c) Range exhaust vent. The inspector shall                       (L) gas        shut-off     valve(s)        and
report as Deficient:                                      location(s);
       (1) inoperative unit(s);                                     (M) gas connector materials and
                                                          connections; and
        (2) a vent pipe that does not terminate
outside the structure, if the unit is not of a re-                      (N) secure mounting of the unit.
circulating type or configuration;
                                                                (e) Microwave oven. The inspector shall:
       (3) inadequate vent pipe material;
                                                                    (1) inspect built-in units; and
       (4) unusual sounds or vibration levels
                                                                    (2) report as Deficient:
from the blower fan(s);
                                                                        (A) inoperative unit(s); and
      (5) blower(s) that do not operate at all
speeds; and                                                             (B) deficiencies in the:
       (6) deficiencies in the:                                            (i) controls and control panels;
            (A) filter;                                                    (ii) handles;
            (B) vent pipe;                                                 (iii) the turn table;
            (C) light and lens;                                            (iv) interior surfaces;
            (D)secure mounting of the unit; and                            (v) door and door seal;
            (E) switches.                                                  (vi) glass panels;
   (d) Electric or gas ranges, cooktops, and                               (vii) lights and lenses;
ovens. The inspector shall report as Deficient:
                                                                           (viii)   secure     mounting     of   the
       (1) inoperative unit(s);                           unit; and
       (2) the lack of a gas shut-off valve;                            (ix) operation, as determined by
                                                          heating a container of water or with other
       (3) gas leaks; and
                                                          means of testing.
       (4) deficiencies in the:
                                                             (f) Trash compactor.            The inspector shall
            (A) controls and control panels;              report as Deficient:
            (B) thermostat(s) sensor support;                       (1) inoperative unit(s);
            (C) glass panels;                                       (2) unusual sounds or vibration levels;
                                                          and
           (D)door gasket(s), hinges, springs,
closure, and handles;                                            (3) deficiencies in the secure mounting
                                                          of the unit.
            (E) door latch;
                                                             (g) Mechanical exhaust vents and bathroom
            (F)heating elements or burners;
                                                          heaters.    The inspector shall report as
          (G)thermostat accuracy (within 25               Deficient:
degrees at a setting of 350 °F);
                                                                    (1) inoperative unit(s);
            (H) drip pans;
                                                                    (2) unusual sounds, speed, and vibration
            (I) lights and lenses;                        levels;
            (J) clearance         to   combustible               (3) vent pipes that do not terminate
material;                                                 outside the structure;
            (K) anti-tip device;                                 (4) a gas heater that is not vented to
                                                          the exterior of the structure; and



                                                Page 16 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
       (5) the lack of an exhaust ventilator in                         (4) test trash compactor ram pressure;
required areas.                                                or
   (h) Garage door operators.           The inspector                (5) determine the adequacy of venting
shall report as Deficient:                                     systems.
         (1) inoperative unit(s);
      (2) door locks or side ropes that have                   §535.233. Standards of Practice: Minimum
not been removed or disabled; and                              Inspection Requirements for Optional
                                                               Systems. If an inspector agrees to inspect a
         (3) deficiencies in:
                                                               component described in this section, §535.227
             (A) installation;                                 of this title relating to Standards of Practice:
                                                               General     Provisions    and   the   applicable
          (B) condition and operation of the
                                                               provisions below apply.
garage door operator;
                                                                     (1) Lawn and garden sprinkler systems.
           (C) automatic         reversal   during   the
                                                                         The inspector shall:
closing cycle;
                                                                      (A) manually operate          all    zones      or
             (D)electronic sensors;
                                                               stations on the system; and
             (E) the control button; and
                                                                       (B) report as Deficient:
         (F)the            emergency            release
                                                                           (i) surface water leaks;
components.
                                                                           (ii) the   absence    or    improper
   (i) Doorbell and chimes.             The inspector
                                                               installation of anti-siphon devices and backflow
shall report as Deficient:
                                                               preventers;
         (1) inoperable unit(s); and
                                                                           (iii) the absence of shut-off valves;
         (2) deficiencies in components.
                                                                         (iv)deficiencies in       water    flow      or
   (j) Dryer vents. The inspector shall report                 pressure at the zone heads;
as Deficient:
                                                                           (v) the   lack of   a   rain    or    freeze
         (1) improper routing and length of vent               sensor;
pipe;
                                                                          (vi)deficiencies in the condition of
         (2) inadequate vent pipe material;                    the control box; and
         (3) improper termination;                                       (vii) deficiencies in the operation of
                                                               each zone, associated valves, and spray head
       (4) the lack of a dryer vent system when
                                                               patterns.
provisions are present for a dryer; and
                                                                   (2) Specific limitations for lawn and garden
         (5) damaged or missing exterior cover.
                                                               sprinkler systems.        The inspector is not
   (k) Specific limitations for appliances.          The       required to inspect:
       inspector is not required to:
                                                                      (A) for effective        coverage         of   the
       (1) operate or determine the condition                  sprinkler system;
of other auxiliary components of inspected
                                                                      (B) the automatic function of the timer
items;
                                                               or control box;
         (2) test for microwave oven radiation
                                                                      (C) the effectiveness of the rain or
leaks;
                                                               freeze sensor; or
         (3) inspect self-cleaning functions;
                                                                      (D) sizing and effectiveness of anti-
                                                               siphon devices or backflow preventers.




                                                     Page 17 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
    (3) Swimming pools, spas, hot tubs, and                        (F) determine the presence of sub-
equipment. The inspector shall:                             surface water tables; or
         (A) report the type of construction;                      (G) inspect ancillary equipment such as
                                                            computer controls, covers, chlorinators or other
         (B) report as Deficient:
                                                            chemical dispensers, or water ionization devices
            (i) a pump motor, blower, or other              or conditioners other than required by this
electrical equipment that lacks bonding;                    section.
           (ii) the absence of or deficiencies in              (5) Outbuildings. The inspector shall report
safety barriers;                                            as Deficient:
           (iii) water leaks in above-ground                       (A) the lack of ground-fault circuit
pipes and equipment;                                        interrupter protection in grade-level portions of
                                                            unfinished accessory buildings used for storage
              (iv) deficiencies        in     lighting
                                                            or work areas, boathouses, and boat hoists;
fixture(s);
                                                            and
          (v)the lack or failure of required
                                                                    (B) deficiencies in the structural,
ground-fault circuit interrupter protection; and
                                                            electrical, plumbing, heating, ventilation, and
              (vi) deficiencies in:                         cooling systems that these standards of
                                                            practice require to be reported for the principal
                 (I) surfaces;
                                                            structure.
                 (II) tiles, coping, and decks;
                                                                  (6) Outdoor cooking       equipment.       The
              (III) slides, steps, diving boards,                     inspector shall:
handrails, and other equipment;
                                                                      (A) inspect the built-in equipment; and
                 (IV)   drains,       skimmers,   and
                                                                      (B) report the energy source; and
valves; and
                                                                      (C) report as Deficient:
             (V)    filters, gauges,          pumps,
motors, controls, and sweeps; and                                        (i) inoperative unit(s);
       (C) when inspecting a pool heater,                                (ii) a unit or pedestal that is not
report deficiencies that these standards of                 stable;
practice require to be reported for the heating
                                                                         (iii) gas leaks; and
system.
                                                                         (iv) deficiencies in:
    (4) Specific limitations for swimming pools,
spas, hot tubs, and equipment. The inspector                                 (I) operation;
is not required to:
                                                                          (II) control   knobs,    handles,
     (A) dismantle or otherwise open any                    burner bars, grills, the box, the rotisserie (if
components or lines;                                        present), and heat diffusion material;
         (B) operate valves;                                              (III) gas shut-off valve(s) and
                                                            location(s); and
      (C) uncover or excavate any lines or
concealed components of the system or                                        (IV) gas connector materials and
determine the presence of sub-surface leaks;                connections.
         (D) fill the pool, spa, or hot tub with                  (7) Gas supply systems.           The inspector
water;                                                                shall:
       (E) inspect any system that has been                        (A) test gas lines using a local or an
winterized, shut down, or otherwise secured;                industry-accepted procedure; and
                                                                      (B) report as Deficient:



                                                  Page 18 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
             (i) leaks; and                                   easement lines, property lines, soil absorption
                                                              systems,   swimming     pools,   or    sprinkler
           (ii) deficiencies in the condition and
                                                              systems; and
type of gas piping, fittings, and valves.
                                                                      (B) report as Deficient:
    (8) Specific limitation for gas lines. The
inspector is not required to inspect sacrificial                         (i) visual or olfactory evidence of
anode bonding or for its existence.                           effluent seepage or flow at the surface of the
                                                              ground;
   (9) Private water wells. The inspector shall:
                                                                       (ii) inoperative aerators or dosing
       (A) operate       at   least    two   fixtures
                                                              pumps; and
simultaneously;
                                                                          (iii) deficiencies in:
      (B) recommend or arrange to have
performed water quality or potability testing;                               (I) accessible          or      visible
                                                              components;
         (C) report:
                                                                             (II) functional flow;
         (i) the type of pump and storage
equipment; and                                                              (III) site drainage and clearances
                                                              around or adjacent to the system; and
          (ii) the proximity of any known septic
system; and                                                                  (IV) the       aerobic       discharge
                                                              system.
         (D) report as Deficient deficiencies in:
                                                                  (12) Specific   limitations for   individual
           (i) water pressure and flow and
                                                              private sewage disposal (septic) systems. The
operation of pressure switches;
                                                              inspector is not required to:
           (ii) the condition of visible and
                                                                     (A) excavate or uncover the system or
accessible equipment and components; and
                                                              its components;
          (iii)  the   well   head,    including
                                                                      (B) determine the size, adequacy, or
improper site drainage and clearances.
                                                              efficiency of the system; or
   (10) Specific limitations for private water
                                                                      (C) determine the type of construction
wells. The inspector is not required to:
                                                              used.
       (A) open, uncover, or remove the pump,
                                                                  (13) Whole-house vacuum system.              The
heads, screens, lines, or other components or
                                                              inspector shall report as Deficient:
parts of the system;
                                                                      (A) inoperative units;
       (B) determine the reliability of the water
supply or source; or                                                  (B) deficiencies in the main unit; and
         (C) locate or verify underground water                       (C) deficiencies in outlets.
leaks.
                                                                  (14) Specific limitations for whole-house
   (11) Private  sewage     disposal         (septic)         vacuum systems. The inspector is not required
systems. The inspector shall:                                 to:
         (A) report:                                                  (A) inspect the attachments or hoses; or
             (i) the type of system;                                 (B) verify that accessory components
                                                              are present.
             (ii) the location of the drain field;
and                                                                (15) Other built-in appliances.        The
                                                              inspector shall report deficiencies in condition
           (iii) the proximity of any known
                                                              or operation of other built-in appliances not
water wells, underground cisterns, water supply
                                                              listed in this section.
lines, bodies of water, sharp slopes or breaks,



                                                    Page 19 of 20
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting

This agency hereby certifies that the repeal has
been reviewed by legal counsel and found to be
within the agency’s legal authority to adopt.
Issued in Austin, Texas, on November 3, 2008.

TRD #: 200805777
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Effective Date: February 1, 2009




                                                Page 20 of 20

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Texas (TREC) Standards of Practice

  • 1. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (a) Definitions. thermal imaging equipment, moisture meters, gas leak detection equipment, environmental (1) Accessible--In the reasonable testing equipment and devices, elevation judgment of the inspector, capable of being determination devices, and ladders capable of approached, entered, or viewed without: reaching surfaces over one story above ground (A) undue hazard to the inspector; surfaces. (B) moving furnishings or large, (10) Specialized procedures-- heavy, or fragile objects; Procedures such as environmental testing, elevation measurement, and any method (C) using specialized tools or employing destructive testing that damages procedures; otherwise sound materials or finishes. (D) disassembling items other than (11) Standards of practice-- covers or panels intended to be removed for §§535.227 - 535.233 of this title. inspection; (b) Scope. (E) damaging property; or (1) These standards of practice define (F) using a ladder for portions of the the minimum levels of inspection required for inspection other than the roof or attic space. substantially completed residential (2) Chapter 1102--Texas Occupations improvements to real property up to four Code, Chapter 1102. dwelling units. A real estate inspection is a limited visual survey and basic operation of the (3) Cosmetic--Related only to systems and components of a building using appearance or aesthetics, and not related to normal controls and does not require the use of structural performance, operability, or water specialized tools or procedures. The purpose of penetration. the inspection is to provide the client with (4) Deficiency--A condition that, in the information regarding the general condition of inspector’s reasonable opinion, adversely and the residence at the time of inspection. The materially affects the performance of a system inspector may provide a higher level of or component or constitutes a hazard to life, inspection performance than required by these limb, or property as specified by these standards of practice and may inspect parts, standards of practice. General deficiencies components, and systems in addition to those include but are not limited to inoperability, described by the standards of practice. material distress, water penetration, damage, (2) General Requirements. The deterioration, missing parts, and unsuitable inspector shall: installation. (A) operate fixed or installed (5) Deficient--Reported as having one or equipment and appliances listed herein in at more deficiencies. least one mode with ordinary controls at typical (6) Inspect--To look at and examine settings; accessible items, parts, systems, or (B) visually inspect accessible components and report observed deficiencies. systems or components from near proximity to (7) Performance--Achievement of an the systems and components, and from the operation, function, or configuration consistent interior of the attic and crawl spaces; and with accepted industry practice. (C) complete the standard inspection (8) Report--To provide the inspector's report form as required by §535.222 and opinions and findings on the standard §535.223 of this title. inspection report form. (3) General limitations. The inspector is (9) Specialized tools--Tools such as not required to: Page 3 of 20
  • 2. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (A) inspect: (D) anticipate future events or conditions, including but not limited to: (i) items other than those listed herein; (i) decay, deterioration, or damage that may occur after the inspection; (ii) elevators; (ii) deficiencies from abuse, (iii) detached structures, decks, misuse or lack of use, docks, fences, or waterfront structures or equipment; (iii) changes in performance of any part, component, or system due to changes (iv) anything buried, hidden, in use or occupancy; latent, or concealed; or (iv) the consequences of the (v) automated or programmable inspection or its effects on current or future control systems, automatic shut-off, buyers and sellers; photoelectric sensors, timers, clocks, metering devices, signal lights, lightning arrestor system, (v) common household accidents, remote controls, security or data distribution personal injury, or death; systems, or solar panels; (vi) the presence of water (B) report: penetration(s); or (i) past repairs that appear to be (vii) future performance of any effective and workmanlike; item; (ii) cosmetic or aesthetic (E) operate shut-off, safety, stop, conditions; or pressure, or pressure-regulating valves or items requiring the use of codes, keys, (iii) wear and tear from ordinary combinations, or similar devices; use; (F) designate conditions as safe; (C) determine: (G)recommend or provide (i) insurability, warrantability, engineering, architectural, appraisal, suitability, adequacy, capacity, reliability, mitigation, physical surveying, realty, or other marketability, operating costs, recalls, specialist services; counterfeit products, life expectancy, age, energy efficiency, vapor barriers, thermostatic (H) review historical records, operation, code compliance, utility sources, or installation instructions, repair plans, cost manufacturer or regulatory requirements estimates, disclosure documents, or other except as specifically required by these reports; standards; (I) verify sizing, efficiency, or (ii) the presence or absence of adequacy of the ground surface drainage pests, termites, or other wood-destroying system; insects or organisms; (J) operate recirculation or sump (iii) the presence, absence, or pumps; risk of asbestos, lead-based paint, mold, (K) remedy conditions preventing mildew, or any other environmental hazard, inspection of any item; environmental pathogen, carcinogen, toxin, mycotoxin, pollutant, fungal presence or (L) apply open flame to operate any activity, or poison; or appliance; (iv) types of wood or (M) turn on decommissioned preservative treatment and fastener equipment, systems, or utility services; or compatibility; Page 4 of 20
  • 3. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (N) provide repair cost estimates, component, the earliest practical opportunity recommendations, or re-inspection services. for the notice required by this subsection is the first contact with the prospect and the inspector (4) In the event of a conflict between has reason to believe that the property being specific provisions and general provisions in the inspected has the part, system, or component standards of practice, specific provisions shall the inspector routinely does not inspect. take precedence. (c) Enforcement. Failure to comply with the (5) Departure. standards of practice is grounds for disciplinary (A) An inspector may depart from action as prescribed by Chapter 1102. the standards of practice only if the requirements of subparagraph (B) are met, and: §535.228. Standards of Practice: Minimum Inspection Requirements for Structural (i) the inspector and client agree Systems. the item is not to be inspected; (a) Foundations. The inspector shall: (ii) the inspector is not qualified to inspect the item; (1) inspect slab surfaces, foundation framing components, subflooring, and related (iii) conditions beyond the control structural components; of the inspector reasonably prevent inspection of an item; (2) report: (iv)the item is a common (A) the type of foundation(s); and element of a multi-family development and is (B) the vantage point from which the not in physical contact with the unit being crawl space was inspected; and inspected, such as the foundation under another building or a part of the foundation (3) generally report present and visible under another unit in the same building; indications used to render the opinion of adverse performance, such as: (v) the inspector reasonably determines that conditions or materials are (A) open or offset concrete cracks; hazardous to the health or safety of the (B) binding, out-of-square, non- inspector; or latching, warped, or twisted doors or frames; (vi)the inspector reasonably (C) framing or frieze board determines that actions of the inspector may separations; cause damage to the property. (D)out-of-square wall openings or (B) If a part, component, or system separations at wall openings or between the required for inspection is not inspected, the cladding and window/door frames; inspector shall: (E) sloping floors, countertops, (i) advise the client at the cabinet doors, or window/door casings; earliest practical opportunity that the part, component, or system will not be inspected; (F) wall, floor, or ceiling cracks; and (G)rotating, buckling, cracking, or (ii) make an appropriate notation deflecting masonry cladding; on the inspection report form, clearly stating (H) separation of walls from ceilings the reason the part, component, or system was or floors; and not inspected. (I) soil erosion, subsidence or (C) If the inspector routinely departs shrinkage adjacent to the foundation and from inspection of a part, system, or Page 5 of 20
  • 4. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting differential movement of abutting flatwork such (2) determine area hydrology or the as walkways, driveways, and patios; presence of underground water; or (4) report as Deficient: (3) determine the efficiency or operation of underground or surface drainage systems. (A) exposed or damaged reinforcement; (e) Roof covering materials. The inspector shall: (B) a crawl space that does not appear to be adequately ventilated; (1) inspect the roof covering materials from the surface of the roof; (C) crawl space drainage that does not appear to be adequate; (2) report: (D)deteriorated materials; (A) type of roof covering(s); (E) damaged beams, joists, bridging, (B) vantage point from where the blocking, piers, posts, pilings, or subfloor; roof was inspected (F) non-supporting piers, posts, (C) any levels or surfaces that were pilings, columns, beams, sills, or joists; and not accessed; (G)damaged retaining walls related (D)evidence of previous repairs to to foundation performance; and roof covering materials, flashing details, skylights, and other roof penetrations; and (5) render a written opinion as to the performance of the foundation. (E) evidence of water penetration; and (b) Specific limitations for foundations. The inspector is not required to: (3) report as Deficient: (1) enter a crawlspace or any area (A) a roof covering that is not where headroom is less than 18 inches or the appropriate for the slope of the roof; access opening is less than 24 inches wide and (B) deficiencies in: 18 inches high; (i) fastening of roof covering (2) provide an exhaustive list of material, as determined by a random sampling; indicators of possible adverse performance; or (ii) roof covering materials; (3) inspect retaining walls not related to foundation performance. (iii) flashing details; (c) Grading and drainage. The inspector (iv)skylights; and shall report as Deficient: (v) other roof penetrations. (1) improper or inadequate grading (f) Specific limitations for roof covering. around the foundation (including flatwork); The inspector is not required to: (2) erosion; (1) determine the remaining life (3) water ponding; and expectancy of the roof covering; (4) deficiencies in installed gutter and (2) inspect the roof from the roof level downspout systems. if, in the inspector’s reasonable judgment, the inspector cannot safely reach or stay on the (d) Specific limitations for grading and roof or significant damage to the roof covering drainage. The inspector is not required to: materials may result from walking on the roof; (1) inspect flatwork or (3) determine the number of layers of detention/retention ponds (except as related to roof covering material; slope and drainage); Page 6 of 20
  • 5. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (4) identify latent hail damage; or (B) deficiencies related to structural performance or water penetration; and (5) provide an exhaustive list of locations of water penetrations or previous (C) lack of fire separation between repairs. the garage and the residence and its attic space. (g) Roof structure and attic. The inspector shall: (j) Specific limitation for interior walls, doors, ceilings, and floors. The inspector is not (1) report: required to: (A) the vantage point from which the (1) report cosmetic damage or the attic space was inspected; condition of floor, wall, or ceiling coverings; (B) the presence of and approximate paints, stains, or other surface coatings; average depth of attic insulation and thickness cabinets; or countertops, or of vertical insulation, when visible; and (2) provide an exhaustive list of (C) evidence of water penetration; locations of water penetrations. and (k) Exterior walls, doors, and windows. The (2) report as Deficient: inspector shall: (A) attic space that does not appear (1) report evidence of water to be adequately ventilated; penetration; and (B) deficiencies in installed framing (2) report as Deficient: members and decking; (A) the lack of functional emergency (C) deflections or depressions in the escape and rescue openings in all sleeping roof surface as related to the adverse rooms; performance of the framing and the roof deck; (B) the lack of a solid wood door not (D)missing insulation; less than 1-3/8 inches in thickness, a solid or honeycomb core steel door not less than 1-3/8 (E) deficiencies in attic access ladder inches thick, or a 20-minute fire-rated door and access opening; and between the residence and an attached garage; (F) deficiencies in attic ventilators. (C) missing or damaged screens; (h) Specific limitations for roof structure and (D) deficiencies related to structural attic. The inspector is not required to: performance or water penetration; and (1) enter attics or unfinished spaces (E) deficiencies in: where openings are less than 22 inches by 30 inches or headroom is less than 30 inches; (i) claddings; (2) operate powered ventilators; or (ii) water resistant materials and coatings; (3) provide an exhaustive list of locations of water penetrations. (iii) flashing details and terminations; (i) Interior walls, ceilings, floors, and doors. The inspector shall: (iv)the condition and operation of exterior doors, garage doors, and hardware; (1) report evidence of water and penetration; and (v) window operation and (2) report as Deficient: components. (A) doors and hardware that do not operate properly; Page 7 of 20
  • 6. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (l) Specific limitations for exterior walls, (p) Specific limitation for stairways. The doors, and windows. The inspector is not inspector is not required to exhaustively required to: measure every stairway component. (1) report the condition or presence of (q) Fireplace and chimney. The inspector awnings, shutters, security devices, or shall report as Deficient: systems; (1) built-up creosote in visible areas of the firebox and flue; (2) determine the cosmetic condition of paints, stains, or other surface coatings; or (2) the presence of combustible (3) operate a lock if the key is not materials in near proximity to the firebox available. opening; (m) Exterior and interior glazing. The (3) the absence of fireblocking at the inspector shall: attic penetration of the chimney flue, where accessible; (1) inspect the window and door glazing; and (4) an inoperative circulating fan; and (2) report as Deficient: (5) deficiencies in the: (A) insulated windows that are (A) damper; obviously fogged or display other evidence of (B) lintel, hearth, hearth extension, broken seals; and firebox; (B) deficiencies in glazing, weather (C) gas log lighter valve and stripping, and glazing compound in windows location; and exterior doors; and (D)combustion air vents; and (C) the absence of safety glass in hazardous locations. (E) chimney structure, termination, coping, crown, caps, and spark arrestor. (n) Specific limitation for exterior and interior glazing. The inspector is not required (r) Specific limitations for fireplace and to: chimney. The inspector is not required to: (1) exhaustively observe insulated (1) verify the integrity of the flue; windows for evidence of broken seals; (2) perform a chimney smoke test; or (2) exhaustively observe glazing for (3) determine the adequacy of the draft. identifying labels; or (s) Porches, Balconies, Decks, and Carports. (3) identify specific locations of damage. The inspector shall: (o) Interior and exterior stairways. The (1) inspect balconies, attached carports, inspector shall report as Deficient: and attached porches and abutting porches, (1) spacing between intermediate decks, and balconies that are used for ingress balusters, spindles, or rails for steps, stairways, and egress; and guards, and railings that permit passage of an (2) report as Deficient: object greater than 4 inches in diameter, except that on the open side of the staircase (A) on decks 30 inches or higher treads, spheres less than 4-3/8 inches in above the adjacent grade, spacings between diameter may pass through the guard rail intermediate balusters, spindles, or rails that balusters or spindles; and permit passage of an object greater than four inches in diameter; (2) deficiencies in steps, stairways, landings, guardrails, and handrails. Page 8 of 20
  • 7. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (B) deficiencies in visible footings, (E) are not bonded and grounded; piers, posts, pilings, beams, joists, decking, (7) cabinets, disconnects, cutout boxes, water proofing at interfaces, flashing, surface and panel boards that do not have dead fronts coverings, and attachment points of porches, secured in place with proper fasteners; decks, balconies, and carports; and (8) conductors not protected from the (C) deficiencies in, or absence of edges of electrical cabinets, gutters, or cutout required, guardrails and handrails. boxes; (t) Specific limitation for porches, balconies, (9) trip ties not installed on 240 volt decks, and carports. The inspector is not circuits; required to: (10) deficiencies in the type and (1) exhaustively measure the porch, condition of the wiring in the cutout boxes, balcony, deck, or attached carport components; cabinets, or gutters; or (11) deficiencies in the compatibility of (2) enter any area where headroom is overcurrent devices and conductors; less than 18 inches or the access opening is less than 24 inches wide and 18 inches high. (12) deficiencies in the overcurrent device and circuit for labeled and listed 240 volt appliances; §535.229. Standards of Practice: Minimum (13) a panel that is installed in a Inspection Requirements for Electrical hazardous location, such as a clothes closet, a Systems. bathroom, where there are corrosive or easily (a) Service entrance and panels. The ignitable materials, or where the panel is inspector shall report as Deficient: exposed to physical damage; (1) a drop, weatherhead, or mast that is (14) the absence of appropriate not securely fastened to the structure; connections, such as copper/aluminum- approved devices; (2) the lack of a grounding electrode system; (15) the absence of anti-oxidants on aluminum conductor terminations; (3) the lack of a grounding electrode conductor; (16) the lack of a main disconnecting means; (4) the lack of a secure connection to the grounding electrode system; (17) the lack of arc-fault circuit interrupting devices serving family rooms, (5) deficiencies in the insulation of the dining rooms, living rooms, parlors, libraries, service entrance conductors, drip loop, dens, bedrooms, sunrooms, recreations rooms, separation of conductors at weatherheads, and closets, hallways, or similar rooms or areas; clearances; and (6) electrical cabinets, gutters, meter (18) failure of operation of installed arc- cans, and panel boards that: fault circuit interrupter devices. (A) are not secured to the structure; (b) Specific limitations for service (B) are not appropriate for their entrance and panels. The inspector is not location; required to: (C) have deficiencies in clearances (1) determine present or future and accessibility; sufficiency of service capacity amperage, voltage, or the capacity of the electrical (D) are missing knockouts; or system; Page 9 of 20
  • 8. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (2) test arc-fault circuit interrupter (i) are damaged; devices when the property is occupied or (ii) are inoperative; damage to personal property may result, in the inspector’s reasonable judgment; (iii) have incorrect polarity; (3) report the lack of arc-fault circuit (iv)are not grounded, if interrupter protection when the circuits are in applicable; conduit; (v) display evidence of arcing or (4) conduct voltage drop calculations; excessive heat; (5) determine the accuracy of (vi)are not securely mounted; or overcurrent device labeling; (vii) have missing or damaged (6) remove covers where hazardous as covers; judged by the inspector; (D) switches that: (7) verify the effectiveness of (i) are damaged; overcurrent devices; or (ii) are inoperative; (8) operate overcurrent devices. (iii) display evidence of arcing or (c) Branch circuits, connected devices, and excessive heat; fixtures. The inspector shall: (iv)are not securely mounted; or (1) report the type of branch circuit conductors; (v) have missing or damaged covers; (2) manually test the accessible smoke alarms by use of the manufacturer’s approved (E) deficiencies in or absences of test or by the use of canned smoke; and conduit, where applicable; (3) report as Deficient: (F) appliances and metal pipes that are not bonded or grounded; (A) the lack of ground-fault circuit interrupter protection in all: (G)deficiencies in wiring, wiring terminations, junctions, junction boxes, (i) bathroom receptacles; devices, and fixtures, including improper (ii) garage receptacles; location; (iii)outdoor receptacles; (H) the lack of equipment disconnects; (iv) crawl space receptacles; (I) the absence of appropriate (v) unfinished basement connections, such as copper/aluminum receptacles; approved devices, if branch circuit aluminum (vi) kitchen countertop conductors are discovered in the main or sub- receptacles; and panel based on a random sampling of accessible receptacles and switches; (vii) laundry, utility, and wet bar sink receptacles located within 6 feet of the (J) improper use of extension cords; outside edge of a laundry, utility, or wet bar (K) deficiencies in smoke alarms that sink; and are not connected to a central alarm system; (B) the failure of operation of and ground-fault circuit interrupter protection (L) the lack of smoke alarms: devices; (i) in each sleeping room; (C) receptacles that: Page 10 of 20
  • 9. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (ii) outside each separate (D)burners, burner ignition devices sleeping area in the immediate vicinity of the or heating elements, switches, and sleeping rooms; and thermostats that are not a minimum of 18 inches above the lowest garage floor (iii) on each additional story of elevation, unless the unit is listed for garage the dwelling, including basements but excluding floor installation; crawl spaces and uninhabitable attics (in dwellings with split levels and without an (E) inappropriate location; intervening door between the levels, a smoke (F) inadequate access and alarm installed on the upper level and the clearances; adjacent lower level shall suffice provided that the lower level is less than one full story below (G) deficiencies in mounting and the upper level). operation of window units; and (d) Specific limitations for branch circuits, (H) deficiencies in thermostats; connected devices, and fixtures. The inspector (3) in electric units, report as Deficient is not required to: deficiencies in: (1) inspect low voltage wiring; (A) operation of heating elements; (2) disassemble mechanical appliances; and (3) verify the effectiveness of smoke (B) condition of conductors; and alarms; (4) in gas units, report as Deficient: (4) verify interconnectivity of smoke (A) gas leaks; alarms (B) the presence of forced air in the (5) activate smoke alarms that are being burner compartment; actively monitored or require the use of codes; or (C) flame impingement, uplifting flame, improper flame color, or excessive scale (6) verify that smoke alarms are suitable buildup; for the hearing-impaired. (D) the lack of a gas shut-off valve; and §535.230. Standards of Practice: Minimum (E) deficiencies in: Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems. (i) conditioned, combustion, and dilution air; (a) Heating equipment. The inspector shall: (ii) gas shut-off valves and (1) report: locations; (A) the type of heating system(s); (iii) gas connector materials and and connections; and (B) the energy source(s); (iv) the vent pipe, draft hood, (2) report as Deficient: draft, proximity to combustibles, and vent termination point and clearances. (A) an inoperative unit; (b) Cooling equipment other than (B) deficiencies in the controls and evaporative coolers. The inspector shall: operating components of the system; (1) report the type of system(s); and (C) the lack of protection from physical damage; (2) report as Deficient: (A) inoperative unit(s); Page 11 of 20
  • 10. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (B) inadequate cooling as panels, water trays, exterior housing, or the demonstrated by its performance in the roof frame; reasonable judgment of the inspector; (D) less than a one-inch air gap (C) inadequate access and between the water discharge at the float and clearances; water level in the reservoir; (D)noticeable vibration of the blower (E) corrosion, decay, or rust on the fan or condensing fan; pulleys of the motor or blower; (E) deficiencies in the condensate (F) the lack of a damper; and drain and auxiliary/secondary pan and drain (G) deficiencies in the: system; (i) function of the pump; (F) water in the auxiliary/secondary drain pan; (ii) interior housing, the spider tubes, tube clips, bleeder system; (G)a primary drain pipe that terminates in a sewer vent; (iii) blower and bearings; (H) missing or deficient refrigerant (iv)float bracket; pipe insulation; (v) fan belt; (I) dirty evaporator or condensing (vi)evaporative pad(s); coils, where accessible; (vii) installation and condition of (J) damaged casings on the coils; the legs on the roof rails and fasteners to the (K) a condensing unit lacking roof structure and the unit; adequate clearances or air circulation or that (viii) roof jack; and has deficiencies in the condition of fins, location, levelness, or elevation above ground (ix)thermostats. surfaces; (d) Duct system, chases, and vents. The (L) deficiencies in mounting and inspector shall report as Deficient: operation of window or wall units; and (1) damaged ducting or insulation, (M) deficiencies in thermostats. improper material, or improper routing of ducts; (c) Evaporative coolers. The inspector shall: (2) the absence of air flow at accessible supply registers in the habitable areas of the (1) report: structure; (A) type of system(s) (one- or two- (3) improper or inadequate clearance speed); from the earth; and (B) the type of water supply line; and (4) deficiencies in: (C) winterized units that are drained (A) duct fans; and shut down; and (B) filters; (2) report as Deficient: (C) grills or registers; (A) inoperative units; (D)the location of return air (B) inadequate access and openings; and clearances; (E) gas piping, sewer vents, (C) corrosive and mineral build-up or electrical wiring, or junction boxes in the duct rust damage/decay at the pump, louvered system, plenum(s), and chase(s). Page 12 of 20
  • 11. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (e) Specific limitations for the heating equipment, cooling equipment, duct system, §535.231. Standards of Practice: Minimum chases, and vents. The inspector is not Inspection Requirements for Plumbing required to: Systems. (1) program digital thermostats or (a) Plumbing systems. The inspector shall: controls; (1) report: (2) inspect: (A) static water pressure; (A) for pressure of the system refrigerant, type of refrigerant, or refrigerant (B) location of water meter; and leaks; (C) location of main water supply (B) winterized evaporative coolers; valve; and or (2) report as Deficient: (C) humidifiers, dehumidifiers, air (A) the presence of active leaks; purifiers, motorized dampers, electronic air filters, multi-stage controllers, sequencers, heat (B) the lack of fixture shut-off reclaimers, wood burning stoves, boilers, oil- valves; fired units, supplemental heating appliances, (C) the lack of dielectric unions, de-icing provisions, or reversing valves; when applicable; (3) operate: (D) the lack of back-flow devices, (A) setback features on thermostats anti-siphon devices, or air gaps at the flow end or controls; of fixtures; (B) cooling equipment when the (E) water pressure below 40 psi or outdoor temperature is less than 60 degrees above 80 psi static; Fahrenheit; (F) the lack of a pressure reducing (C) radiant heaters, steam heat valve when the water pressure exceeds 80 PSI; systems, or unvented gas-fired heating (G) the lack of an expansion tank at appliances; or the water heater(s) when a pressure reducing (D) heat pumps when temperatures valve is in place at the water supply may damage equipment; line/system; and (4) verify: (H) deficiencies in: (A) compatibility of components; (i) water supply pipes and waste pipes; (B) the accuracy of thermostats; or (ii) the installation and (C) the integrity of the heat termination of the vent system; exchanger; or (iii) the operation of fixtures and (5) determine: faucets not connected to an appliance; (A) sizing, efficiency, or adequacy of (iv)water supply, as determined by the system; viewing functional flow in two fixtures operated (B) uniformity of the supply of simultaneously; conditioned air to the various parts of the (v) functional drainage at fixtures; structure; or (vi)orientation of hot and cold (C) types of materials contained in faucets; insulation. Page 13 of 20
  • 12. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (vii) installed mechanical drain (B)leaking or corroded fittings or stops; tank(s); (viii) installation, condition, and (C) broken or missing parts or operation of commodes; controls; (ix)fixtures, showers, tubs, and (D) the lack of a cold water shut-off enclosures; and valve; (x) the condition of the gas (E) if applicable, the lack of a pan distribution system. and drain system and the improper termination of the pan drain line; (b) Specific limitations for plumbing systems. The inspector is not required to: (F) an unsafe location; (1) operate any main, branch, or shut- (G) burners, burner ignition devices off valves; or heating elements, switches, or thermostats that are not a minimum of 18 inches above the (2) operate or inspect sump pumps or lowest garage floor elevation, unless the unit is waste ejector pumps; listed for garage floor installation; (3) inspect: (H) inappropriate location; (A)any system that has been (I) inadequate access and winterized, shut down or otherwise secured; clearances; (B)circulating pumps, free-standing (J) the lack of protection from appliances, solar water heating systems, water- physical damage; conditioning equipment, filter systems, water mains, private water supply systems, water (K) a temperature and pressure relief wells, pressure tanks, sprinkler systems, valve that: swimming pools, or fire sprinkler systems; (i) does not operate manually; (C) the inaccessible gas supply (ii) leaks; system for leaks; (iii) is damaged; (D) for sewer clean-outs; or (iv) cannot be tested due to (E) for the presence or operation of obstructions; private sewage disposal systems; (v) is corroded; or (4) determine: (vi) is improperly located; and (A) quality, potability, or volume of the water supply; or (L) temperature and pressure relief valve discharge piping that: (B) effectiveness of backflow or anti- siphon devices; or (i) lacks gravity drainage; (5) verify the functionality of clothes (ii) is improperly sized; washing drains or floor drains. (iii) has inadequate material; or (c) Water heaters. The inspector shall: (iv)lacks proper termination; (1) report the energy source; (4) in electric units, report as Deficient (2) report the capacity of the unit(s); deficiencies in: (3) report as Deficient: (A) operation of heating elements; and (A)inoperative unit(s); (B) condition of conductors; and Page 14 of 20
  • 13. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (5) in gas units, report as Deficient: required to determine the adequacy of self- draining features of circulation systems. (A) gas leaks; (B) lack of burner shield(s); §535.232. Standards of Practice: Minimum (C) flame impingement, uplifting Inspection Requirements for Appliances. flame, improper flame color, or excessive scale build-up; (a) Dishwasher. The inspector shall report as Deficient: (D) the lack of a gas shut-off valve; and (1) inoperative unit(s); (E) deficiencies in: (2) rust on the interior of the cabinet or components; (i) combustion and dilution air; (3) failure to drain properly; (ii) gas shut-off valve(s) and location(s); (4) the presence of active water leaks; and (iii) gas connector materials and connections; and (5) deficiencies in the: (iv)vent pipe, draft hood, draft, (A) door gasket; proximity to combustibles, and vent (B) control and control panels; termination point and clearances. (C) dish racks; (d) Specific limitations for water heaters. The inspector is not required to: (D)rollers; (1) verify the effectiveness of the (E) spray arms; temperature and pressure relief valve, (F) operation of the soap dispenser; discharge piping, or pan drain pipes; (G)door springs; (2) operate the temperature and pressure relief valve if the operation of the (H) dryer element; valve may, in the inspector’s reasonable (I) door latch and door disconnect; judgment, cause damage to persons or property; or (J) rinse cap; (3) determine the efficiency or adequacy (K) secure mounting of the unit; and of the unit. (L) backflow prevention. (e) Hydro-massage therapy equipment. (b) Food waste disposer. The inspector shall The inspector shall report as Deficient: report as Deficient: (1) inoperative unit(s) and controls; (1) inoperative unit(s); (2) the presence of active leaks; (2) unusual sounds or vibration level; (3) inaccessible pump(s) or motor(s); (3) the presence of active water leaks; (4) the lack or failure of required and ground-fault circuit interrupter protection; and (4) deficiencies in the: (5) deficiencies in the ports, valves, (A) splash guard; grates, and covers. (B) grinding components; (f) Specific limitation for hydro-massage therapy equipment. The inspector is not (C) exterior casing; and (D) secure mounting of the unit. Page 15 of 20
  • 14. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (c) Range exhaust vent. The inspector shall (L) gas shut-off valve(s) and report as Deficient: location(s); (1) inoperative unit(s); (M) gas connector materials and connections; and (2) a vent pipe that does not terminate outside the structure, if the unit is not of a re- (N) secure mounting of the unit. circulating type or configuration; (e) Microwave oven. The inspector shall: (3) inadequate vent pipe material; (1) inspect built-in units; and (4) unusual sounds or vibration levels (2) report as Deficient: from the blower fan(s); (A) inoperative unit(s); and (5) blower(s) that do not operate at all speeds; and (B) deficiencies in the: (6) deficiencies in the: (i) controls and control panels; (A) filter; (ii) handles; (B) vent pipe; (iii) the turn table; (C) light and lens; (iv) interior surfaces; (D)secure mounting of the unit; and (v) door and door seal; (E) switches. (vi) glass panels; (d) Electric or gas ranges, cooktops, and (vii) lights and lenses; ovens. The inspector shall report as Deficient: (viii) secure mounting of the (1) inoperative unit(s); unit; and (2) the lack of a gas shut-off valve; (ix) operation, as determined by heating a container of water or with other (3) gas leaks; and means of testing. (4) deficiencies in the: (f) Trash compactor. The inspector shall (A) controls and control panels; report as Deficient: (B) thermostat(s) sensor support; (1) inoperative unit(s); (C) glass panels; (2) unusual sounds or vibration levels; and (D)door gasket(s), hinges, springs, closure, and handles; (3) deficiencies in the secure mounting of the unit. (E) door latch; (g) Mechanical exhaust vents and bathroom (F)heating elements or burners; heaters. The inspector shall report as (G)thermostat accuracy (within 25 Deficient: degrees at a setting of 350 °F); (1) inoperative unit(s); (H) drip pans; (2) unusual sounds, speed, and vibration (I) lights and lenses; levels; (J) clearance to combustible (3) vent pipes that do not terminate material; outside the structure; (K) anti-tip device; (4) a gas heater that is not vented to the exterior of the structure; and Page 16 of 20
  • 15. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (5) the lack of an exhaust ventilator in (4) test trash compactor ram pressure; required areas. or (h) Garage door operators. The inspector (5) determine the adequacy of venting shall report as Deficient: systems. (1) inoperative unit(s); (2) door locks or side ropes that have §535.233. Standards of Practice: Minimum not been removed or disabled; and Inspection Requirements for Optional Systems. If an inspector agrees to inspect a (3) deficiencies in: component described in this section, §535.227 (A) installation; of this title relating to Standards of Practice: General Provisions and the applicable (B) condition and operation of the provisions below apply. garage door operator; (1) Lawn and garden sprinkler systems. (C) automatic reversal during the The inspector shall: closing cycle; (A) manually operate all zones or (D)electronic sensors; stations on the system; and (E) the control button; and (B) report as Deficient: (F)the emergency release (i) surface water leaks; components. (ii) the absence or improper (i) Doorbell and chimes. The inspector installation of anti-siphon devices and backflow shall report as Deficient: preventers; (1) inoperable unit(s); and (iii) the absence of shut-off valves; (2) deficiencies in components. (iv)deficiencies in water flow or (j) Dryer vents. The inspector shall report pressure at the zone heads; as Deficient: (v) the lack of a rain or freeze (1) improper routing and length of vent sensor; pipe; (vi)deficiencies in the condition of (2) inadequate vent pipe material; the control box; and (3) improper termination; (vii) deficiencies in the operation of each zone, associated valves, and spray head (4) the lack of a dryer vent system when patterns. provisions are present for a dryer; and (2) Specific limitations for lawn and garden (5) damaged or missing exterior cover. sprinkler systems. The inspector is not (k) Specific limitations for appliances. The required to inspect: inspector is not required to: (A) for effective coverage of the (1) operate or determine the condition sprinkler system; of other auxiliary components of inspected (B) the automatic function of the timer items; or control box; (2) test for microwave oven radiation (C) the effectiveness of the rain or leaks; freeze sensor; or (3) inspect self-cleaning functions; (D) sizing and effectiveness of anti- siphon devices or backflow preventers. Page 17 of 20
  • 16. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (3) Swimming pools, spas, hot tubs, and (F) determine the presence of sub- equipment. The inspector shall: surface water tables; or (A) report the type of construction; (G) inspect ancillary equipment such as computer controls, covers, chlorinators or other (B) report as Deficient: chemical dispensers, or water ionization devices (i) a pump motor, blower, or other or conditioners other than required by this electrical equipment that lacks bonding; section. (ii) the absence of or deficiencies in (5) Outbuildings. The inspector shall report safety barriers; as Deficient: (iii) water leaks in above-ground (A) the lack of ground-fault circuit pipes and equipment; interrupter protection in grade-level portions of unfinished accessory buildings used for storage (iv) deficiencies in lighting or work areas, boathouses, and boat hoists; fixture(s); and (v)the lack or failure of required (B) deficiencies in the structural, ground-fault circuit interrupter protection; and electrical, plumbing, heating, ventilation, and (vi) deficiencies in: cooling systems that these standards of practice require to be reported for the principal (I) surfaces; structure. (II) tiles, coping, and decks; (6) Outdoor cooking equipment. The (III) slides, steps, diving boards, inspector shall: handrails, and other equipment; (A) inspect the built-in equipment; and (IV) drains, skimmers, and (B) report the energy source; and valves; and (C) report as Deficient: (V) filters, gauges, pumps, motors, controls, and sweeps; and (i) inoperative unit(s); (C) when inspecting a pool heater, (ii) a unit or pedestal that is not report deficiencies that these standards of stable; practice require to be reported for the heating (iii) gas leaks; and system. (iv) deficiencies in: (4) Specific limitations for swimming pools, spas, hot tubs, and equipment. The inspector (I) operation; is not required to: (II) control knobs, handles, (A) dismantle or otherwise open any burner bars, grills, the box, the rotisserie (if components or lines; present), and heat diffusion material; (B) operate valves; (III) gas shut-off valve(s) and location(s); and (C) uncover or excavate any lines or concealed components of the system or (IV) gas connector materials and determine the presence of sub-surface leaks; connections. (D) fill the pool, spa, or hot tub with (7) Gas supply systems. The inspector water; shall: (E) inspect any system that has been (A) test gas lines using a local or an winterized, shut down, or otherwise secured; industry-accepted procedure; and (B) report as Deficient: Page 18 of 20
  • 17. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting (i) leaks; and easement lines, property lines, soil absorption systems, swimming pools, or sprinkler (ii) deficiencies in the condition and systems; and type of gas piping, fittings, and valves. (B) report as Deficient: (8) Specific limitation for gas lines. The inspector is not required to inspect sacrificial (i) visual or olfactory evidence of anode bonding or for its existence. effluent seepage or flow at the surface of the ground; (9) Private water wells. The inspector shall: (ii) inoperative aerators or dosing (A) operate at least two fixtures pumps; and simultaneously; (iii) deficiencies in: (B) recommend or arrange to have performed water quality or potability testing; (I) accessible or visible components; (C) report: (II) functional flow; (i) the type of pump and storage equipment; and (III) site drainage and clearances around or adjacent to the system; and (ii) the proximity of any known septic system; and (IV) the aerobic discharge system. (D) report as Deficient deficiencies in: (12) Specific limitations for individual (i) water pressure and flow and private sewage disposal (septic) systems. The operation of pressure switches; inspector is not required to: (ii) the condition of visible and (A) excavate or uncover the system or accessible equipment and components; and its components; (iii) the well head, including (B) determine the size, adequacy, or improper site drainage and clearances. efficiency of the system; or (10) Specific limitations for private water (C) determine the type of construction wells. The inspector is not required to: used. (A) open, uncover, or remove the pump, (13) Whole-house vacuum system. The heads, screens, lines, or other components or inspector shall report as Deficient: parts of the system; (A) inoperative units; (B) determine the reliability of the water supply or source; or (B) deficiencies in the main unit; and (C) locate or verify underground water (C) deficiencies in outlets. leaks. (14) Specific limitations for whole-house (11) Private sewage disposal (septic) vacuum systems. The inspector is not required systems. The inspector shall: to: (A) report: (A) inspect the attachments or hoses; or (i) the type of system; (B) verify that accessory components are present. (ii) the location of the drain field; and (15) Other built-in appliances. The inspector shall report deficiencies in condition (iii) the proximity of any known or operation of other built-in appliances not water wells, underground cisterns, water supply listed in this section. lines, bodies of water, sharp slopes or breaks, Page 19 of 20
  • 18. Texas Real Estate Commission Chapter 535, General Provisions Rules Adopted at the October 27, 2008 Meeting This agency hereby certifies that the repeal has been reviewed by legal counsel and found to be within the agency’s legal authority to adopt. Issued in Austin, Texas, on November 3, 2008. TRD #: 200805777 Devon V. Bijansky Assistant General Counsel Texas Real Estate Commission Effective Date: February 1, 2009 Page 20 of 20