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TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.228Standards of Practice: Minimum Inspection Requirements for Structural Systems

    (A) spacing between intermediate balusters, spindles, or rails for steps, stairways, guards, and railings that permit passage of an object greater than 4 inches in diameter, except that on the open side of the staircase treads, spheres less than 4-3/8 inches in diameter may pass through the guard rail balusters or spindles; and

    (B) deficiencies in steps, stairways, landings, guardrails, and handrails.

  (2) The inspector is not required to exhaustively measure every stairway component.

(i) Fireplaces and chimneys.

  (1) The inspector shall report as Deficient:

    (A) built-up creosote in accessible areas of the firebox and flue;

    (B) the presence of combustible materials in near proximity to the firebox opening;

    (C) the absence of fireblocking at the attic penetration of the chimney flue, where accessible; and

    (D) deficiencies in the:

      (i) damper;

      (ii) lintel, hearth, hearth extension, and firebox;

      (iii) gas fixture installed in the fireplace not associated with the gas distribution system;

      (iv) circulating fan;

      (v) combustion air vents; and

      (vi) chimney structure, termination, coping, crown, caps, and spark arrestor.

  (2) The inspector is not required to:

    (A) verify the integrity of the flue;

    (B) perform a chimney smoke test; or

    (C) determine the adequacy of the draft.

(j) Porches, Balconies, Decks, and Carports.

  (1) The inspector shall:

    (A) inspect:

      (i) attached balconies, carports, and porches; and

      (ii) abutting porches, decks, and balconies that are used for ingress and egress; and

    (B) report as Deficient:

      (i) on decks 30 inches or higher above the adjacent grade, spacings between intermediate balusters, spindles, or rails that permit passage of an object greater than four inches in diameter; and

      (ii) deficiencies in accessible components.

  (2) The inspector is not required to:

    (A) exhaustively measure every porch, balcony, deck, or attached carport components; or

    (B) enter any area where headroom is less than 18 inches or the access opening is less than 24 inches wide and 18 inches high.


Source Note: The provisions of this §535.228 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective February 1, 2022, 46 TexReg 5770

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