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Texas (TREC) Standards of Practice

Texas (TREC) Standards of Practice



Texas (TREC) Standards of Practice

Texas (TREC) Standards of Practice



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    Texas (TREC) Standards of Practice Texas (TREC) Standards of Practice Document Transcript

    • Texas Real Estate CommissionChapter 535, General ProvisionsRules 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, elevationjudgment of the inspector, capable of being determination devices, and ladders capable ofapproached, 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 damagesprocedures; 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 forinspection other than the roof or attic space. substantially completed residential (2) Chapter 1102--Texas Occupations improvements to real property up to fourCode, 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 usingappearance or aesthetics, and not related to normal controls and does not require the use ofstructural performance, operability, or water specialized tools or procedures. The purpose ofpenetration. the inspection is to provide the client with (4) Deficiency--A condition that, in the information regarding the general condition ofinspector’s reasonable opinion, adversely and the residence at the time of inspection. Thematerially affects the performance of a system inspector may provide a higher level ofor component or constitutes a hazard to life, inspection performance than required by theselimb, or property as specified by these standards of practice and may inspect parts,standards of practice. General deficiencies components, and systems in addition to thoseinclude but are not limited to inoperability, described by the standards of practice.material distress, water penetration, damage, (2) General Requirements. Thedeterioration, 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 atmore 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 accessiblecomponents and report observed deficiencies. systems or components from near proximity to (7) Performance--Achievement of an the systems and components, and from theoperation, function, or configuration consistent interior of the attic and crawl spaces; andwith accepted industry practice. (C) complete the standard inspection (8) Report--To provide the inspectors report form as required by §535.222 andopinions 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 CommissionChapter 535, General ProvisionsRules 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 listedherein; (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 orequipment; (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 futurecontrol systems, automatic shut-off, buyers and sellers;photoelectric sensors, timers, clocks, meteringdevices, 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 anyeffective 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 othermarketability, 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, costmanufacturer or regulatory requirements estimates, disclosure documents, or otherexcept as specifically required by these reports;standards; (I) verify sizing, efficiency, or (ii) the presence or absence of adequacy of the ground surface drainagepests, 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 preventingmildew, or any other environmental hazard, inspection of any item;environmental pathogen, carcinogen, toxin,mycotoxin, pollutant, fungal presence or (L) apply open flame to operate anyactivity, or poison; or appliance; (iv) types of wood or (M) turn on decommissionedpreservative treatment and fastener equipment, systems, or utility services; orcompatibility; Page 4 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 Meeting (N) provide repair cost estimates, component, the earliest practical opportunityrecommendations, 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 beingspecific provisions and general provisions in the inspected has the part, system, or componentstandards 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 therequirements 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 qualifiedto 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 inspectionof an item; (2) report: (iv)the item is a common (A) the type of foundation(s); andelement of a multi-family development and is (B) the vantage point from which thenot in physical contact with the unit being crawl space was inspected; andinspected, such as the foundation underanother building or a part of the foundation (3) generally report present and visibleunder another unit in the same building; indications used to render the opinion of adverse performance, such as: (v) the inspector reasonablydetermines 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 boarddetermines 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 therequired 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 ceilingsthe reason the part, component, or system was or floors; andnot inspected. (I) soil erosion, subsidence or (C) If the inspector routinely departs shrinkage adjacent to the foundation andfrom inspection of a part, system, or Page 5 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 Meetingdifferential movement of abutting flatwork such (2) determine area hydrology or theas 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 damagedreinforcement; (e) Roof covering materials. The inspector shall: (B) a crawl space that does notappear to be adequately ventilated; (1) inspect the roof covering materials from the surface of the roof; (C) crawl space drainage that doesnot 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 theblocking, piers, posts, pilings, or subfloor; roof was inspected (F) non-supporting piers, posts, (C) any levels or surfaces that werepilings, columns, beams, sills, or joists; and not accessed; (G)damaged retaining walls related (D)evidence of previous repairs toto foundation performance; and roof covering materials, flashing details, skylights, and other roof penetrations; and (5) render a written opinion as to theperformance of the foundation. (E) evidence of water penetration; and (b) Specific limitations for foundations. Theinspector is not required to: (3) report as Deficient: (1) enter a crawlspace or any area (A) a roof covering that is notwhere 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 tofoundation performance. (iii) flashing details; (c) Grading and drainage. The inspector (iv)skylights; andshall 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 leveldownspout 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 coveringdrainage. The inspector is not required to: materials may result from walking on the roof; (1) inspect flatwork or (3) determine the number of layers ofdetention/retention ponds (except as related to roof covering material;slope and drainage); Page 6 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules 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 oflocations of water penetrations or previous (C) lack of fire separation betweenrepairs. the garage and the residence and its attic space. (g) Roof structure and attic. The inspectorshall: (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 theattic 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, orof 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 waterto 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 sleepingroof 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 doorand 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 structuralattic. 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 30inches 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 oflocations 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 andpenetration; and (v) window operation and (2) report as Deficient: components. (A) doors and hardware that do notoperate properly; Page 7 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 Meeting (l) Specific limitations for exterior walls, (p) Specific limitation for stairways. Thedoors, and windows. The inspector is not inspector is not required to exhaustivelyrequired to: measure every stairway component. (1) report the condition or presence of (q) Fireplace and chimney. The inspectorawnings, 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 ofpaints, 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 fireboxavailable. opening; (m) Exterior and interior glazing. The (3) the absence of fireblocking at theinspector shall: attic penetration of the chimney flue, where accessible; (1) inspect the window and doorglazing; 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 andstripping, and glazing compound in windows location;and exterior doors; and (D)combustion air vents; and (C) the absence of safety glass inhazardous locations. (E) chimney structure, termination, coping, crown, caps, and spark arrestor. (n) Specific limitation for exterior andinterior glazing. The inspector is not required (r) Specific limitations for fireplace andto: 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 ingressbalusters, spindles, or rails for steps, stairways, and egress; andguards, 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 highertreads, spheres less than 4-3/8 inches in above the adjacent grade, spacings betweendiameter may pass through the guard rail intermediate balusters, spindles, or rails thatbalusters 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
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules 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 frontscoverings, 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 cutoutrequired, guardrails and handrails. boxes; (t) Specific limitation for porches, balconies, (9) trip ties not installed on 240 voltdecks, 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 isless 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 aInspection Requirements for Electrical hazardous location, such as a clothes closet, aSystems. 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 appropriatenot securely fastened to the structure; connections, such as copper/aluminum- approved devices; (2) the lack of a grounding electrodesystem; (15) the absence of anti-oxidants on aluminum conductor terminations; (3) the lack of a grounding electrodeconductor; (16) the lack of a main disconnecting means; (4) the lack of a secure connection tothe 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 notlocation; required to: (C) have deficiencies in clearances (1) determine present or futureand accessibility; sufficiency of service capacity amperage, voltage, or the capacity of the electrical (D) are missing knockouts; or system; Page 9 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules 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 theinspector’s reasonable judgment; (iii) have incorrect polarity; (3) report the lack of arc-fault circuit (iv)are not grounded, ifinterrupter 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; orovercurrent 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 circuitconductors; (v) have missing or damaged covers; (2) manually test the accessible smokealarms by use of the manufacturer’s approved (E) deficiencies in or absences oftest 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 circuitinterrupter 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/aluminumreceptacles; 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 barsink 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 thatsink; and are not connected to a central alarm system; (B) the failure of operation of andground-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 CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 Meeting (ii) outside each separate (D)burners, burner ignition devicessleeping area in the immediate vicinity of the or heating elements, switches, andsleeping 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 garagethe dwelling, including basements but excluding floor installation;crawl spaces and uninhabitable attics (indwellings with split levels and without an (E) inappropriate location;intervening door between the levels, a smoke (F) inadequate access andalarm installed on the upper level and the clearances;adjacent lower level shall suffice provided thatthe lower level is less than one full story below (G) deficiencies in mounting andthe 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 Deficientis 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; andalarms; (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 andand 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 fromphysical damage; (2) report as Deficient: (A) inoperative unit(s); Page 11 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 Meeting (B) inadequate cooling as panels, water trays, exterior housing, or thedemonstrated 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 andclearances; water level in the reservoir; (D)noticeable vibration of the blower (E) corrosion, decay, or rust on thefan or condensing fan; pulleys of the motor or blower; (E) deficiencies in the condensate (F) the lack of a damper; anddrain and auxiliary/secondary pan and drain (G) deficiencies in the:system; (i) function of the pump; (F) water in the auxiliary/secondarydrain pan; (ii) interior housing, the spider tubes, tube clips, bleeder system; (G)a primary drain pipe thatterminates 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; andhas 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 inspectorshall: (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 clearancespeed); 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; andclearances; (E) gas piping, sewer vents, (C) corrosive and mineral build-up or electrical wiring, or junction boxes in the ductrust damage/decay at the pump, louvered system, plenum(s), and chase(s). Page 12 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 Meeting (e) Specific limitations for the heatingequipment, cooling equipment, duct system, §535.231. Standards of Practice: Minimumchases, and vents. The inspector is not Inspection Requirements for Plumbingrequired 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 systemrefrigerant, type of refrigerant, or refrigerant (B) location of water meter; andleaks; (C) location of main water supply (B) winterized evaporative coolers; valve; andor (2) report as Deficient: (C) humidifiers, dehumidifiers, air (A) the presence of active leaks;purifiers, motorized dampers, electronic airfilters, multi-stage controllers, sequencers, heat (B) the lack of fixture shut-offreclaimers, 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 endor controls; of fixtures; (B) cooling equipment when the (E) water pressure below 40 psi oroutdoor 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 atappliances; or the water heater(s) when a pressure reducing (D) heat pumps when temperatures valve is in place at the water supplymay 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 bythe 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 CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 Meeting (vii) installed mechanical drain (B)leaking or corroded fittings orstops; tank(s); (viii) installation, condition, and (C) broken or missing parts oroperation of commodes; controls; (ix)fixtures, showers, tubs, and (D) the lack of a cold water shut-offenclosures; and valve; (x) the condition of the gas (E) if applicable, the lack of a pandistribution system. and drain system and the improper termination of the pan drain line; (b) Specific limitations for plumbingsystems. The inspector is not required to: (F) an unsafe location; (1) operate any main, branch, or shut- (G) burners, burner ignition devicesoff 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 iswaste ejector pumps; listed for garage floor installation; (3) inspect: (H) inappropriate location; (A)any system that has been (I) inadequate access andwinterized, shut down or otherwise secured; clearances; (B)circulating pumps, free-standing (J) the lack of protection fromappliances, solar water heating systems, water- physical damage;conditioning equipment, filter systems, watermains, private water supply systems, water (K) a temperature and pressure reliefwells, 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 ofthe 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 CommissionChapter 535, General ProvisionsRules 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 scalebuild-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) andlocation(s); (4) the presence of active water leaks; and (iii) gas connector materials andconnections; 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 andpressure 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 orproperty; or (J) rinse cap; (3) determine the efficiency or adequacy (K) secure mounting of the unit; andof the unit. (L) backflow prevention. (e) Hydro-massage therapy equipment. (b) Food waste disposer. The inspector shallThe 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 andground-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-massagetherapy equipment. The inspector is not (C) exterior casing; and (D) secure mounting of the unit. Page 15 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 Meeting (c) Range exhaust vent. The inspector shall (L) gas shut-off valve(s) andreport as Deficient: location(s); (1) inoperative unit(s); (M) gas connector materials and connections; and (2) a vent pipe that does not terminateoutside 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 allspeeds; 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 terminatematerial; 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 CommissionChapter 535, General ProvisionsRules 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 ventingshall report as Deficient: systems. (1) inoperative unit(s); (2) door locks or side ropes that have §535.233. Standards of Practice: Minimumnot 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 backflowshall 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 timeritems; or control box; (2) test for microwave oven radiation (C) the effectiveness of the rain orleaks; 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 CommissionChapter 535, General ProvisionsRules 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 thiselectrical equipment that lacks bonding; section. (ii) the absence of or deficiencies in (5) Outbuildings. The inspector shall reportsafety barriers; as Deficient: (iii) water leaks in above-ground (A) the lack of ground-fault circuitpipes 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; andvalves; 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 notreport deficiencies that these standards of stable;practice require to be reported for the heating (iii) gas leaks; andsystem. (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 (ifcomponents 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 orconcealed components of the system or (IV) gas connector materials anddetermine the presence of sub-surface leaks; connections. (D) fill the pool, spa, or hot tub with (7) Gas supply systems. The inspectorwater; shall: (E) inspect any system that has been (A) test gas lines using a local or anwinterized, shut down, or otherwise secured; industry-accepted procedure; and (B) report as Deficient: Page 18 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules 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; andtype of gas piping, fittings, and valves. (B) report as Deficient: (8) Specific limitation for gas lines. Theinspector is not required to inspect sacrificial (i) visual or olfactory evidence ofanode 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; andsimultaneously; (iii) deficiencies in: (B) recommend or arrange to haveperformed water quality or potability testing; (I) accessible or visible components; (C) report: (II) functional flow; (i) the type of pump and storageequipment; and (III) site drainage and clearances around or adjacent to the system; and (ii) the proximity of any known septicsystem; 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. Theoperation of pressure switches; inspector is not required to: (ii) the condition of visible and (A) excavate or uncover the system oraccessible equipment and components; and its components; (iii) the well head, including (B) determine the size, adequacy, orimproper site drainage and clearances. efficiency of the system; or (10) Specific limitations for private water (C) determine the type of constructionwells. The inspector is not required to: used. (A) open, uncover, or remove the pump, (13) Whole-house vacuum system. Theheads, screens, lines, or other components or inspector shall report as Deficient:parts of the system; (A) inoperative units; (B) determine the reliability of the watersupply 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 requiredsystems. 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 notwater wells, underground cisterns, water supply listed in this section.lines, bodies of water, sharp slopes or breaks, Page 19 of 20
    • Texas Real Estate CommissionChapter 535, General ProvisionsRules Adopted at the October 27, 2008 MeetingThis agency hereby certifies that the repeal hasbeen reviewed by legal counsel and found to bewithin the agency’s legal authority to adopt.Issued in Austin, Texas, on November 3, 2008.TRD #: 200805777Devon V. BijanskyAssistant General CounselTexas Real Estate CommissionEffective Date: February 1, 2009 Page 20 of 20