Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.227Standards of Practice: General Provisions
ISSUE 03/03/2017
ACTION Proposed
Preamble Texas Admin Code Rule

(a) - (e)(No change.)

(f)Departure provision.

  (1)An inspector may depart from the inspection of a component or system required by the standards of practice only if:

    (A)the inspector and client agree the item is not to be inspected;

    (B)the inspector is not qualified to inspect the item;

    (C)in the reasonable judgment of the inspector, the inspector determines that:

      (i)conditions exist that prevent inspection of an item;

      (ii)conditions or materials are hazardous to the health or safety of the inspector; or

      (iii)the actions of the inspector may cause damage to the property; or

    (D)the item is a common element of a multi-family development and is not in physical contact with the unit being inspected, such as the foundation under another building or a part of the foundation under another unit in the same building;

  (2)If an inspector departs from the inspection of a component or system required by the standards of practice, the inspector shall:

    (A)notify the client at the earliest practical opportunity that the component or system will not be inspected; and

    (B)make an appropriate notation on the inspection report form, stating the reason the component or system was not inspected.

  (3)If the inspector routinely departs from inspection of a component or system required by the standards of practice, and the inspector has reason to believe that the property being inspected includes that component or system, the earliest practical opportunity for the notice required by this subsection is the first contact the inspector makes with the prospective client.

(g)(No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 15, 2017

TRD-201700654

Kristen Worman

Deputy General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 2, 2017

For further information, please call: (512) 936-3093



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