(a)Educational Requirements for a Real Estate
Inspector License. To become licensed as a real estate inspector
[or professional inspector,] a person must satisfy [:]
[(1)the education and experience
requirements outlined in §1102.108 and §1102.109 of Chapter
1102; or]
[(2)the education requirements outlined
in §1102.108 and §1102.109 of Chapter 1102 and the substitute
experience requirements established by the Commission pursuant to
§1102.111 in subsection (f) or (g) of this section.]
[(b)][A person may satisfy]
the 90-hour education requirement for licensure [as a real estate
inspector pursuant to subsection (a)(1) or (2) of this section]
by completing the following coursework:
(1)10 hours in foundations;
(2)8 hours in framing;
(3)10 hours in building enclosure;
(4)10 hours in roof systems;
(5)8 hours in plumbing systems;
(6)10 hours in electrical systems;
(7)10 hours in heating, ventilation, and air conditioning
systems;
(8)8 hours in appliances;
(9)4 hours in Texas Standards of Practice;
(10)4 hours in Texas Standard Report Form/Report Writing;
and
(11)8 hours in Texas Legal/Ethics.
(b)[(c) ]Educational Requirements
for a Professional Inspector License. To become licensed as a professional
inspector, a [A] person must [may]
satisfy the 130-hour education requirement for licensure [as
a professional inspector pursuant to subsection (a)(1) or (2) of this
section] by completing [the following coursework:]
[(1)]the courses required for licensure
as a real estate inspector in subsection (a) [(b)]
of this section; and
(1)[(2)] 8 additional hours
in Texas Standard Report Form/Report Writing;
(2)[(3)] 8 additional hours
in non-elective coursework in legal, ethics, SOPs, and report writing
as defined in §535.218 of this title; and
(3)[(4)] 24 additional hours
in any qualifying [core] inspection subject(s).
(c)Experience Requirements.
(1)[(d)] To meet the experience
requirements for licensure [For the purpose of measuring
the number of inspections required to receive a license] or
to sponsor apprentice inspectors or real estate inspectors, the Commission
considers an improvement to real property to be any unit capable of
being separately rented, leased or sold, subject to the following
restrictions:
(A)[(1)] An inspection of an
improvement to real property that includes the structural and equipment/systems
of the unit constitutes a single inspection.
[(2)Half credit will be given for
an inspection limited to structural components only or to equipment/systems
only.]
[(3)No more than 80% of the inspections
for which experience credit is given may be limited to structural
components only or to equipment/systems components only.]
[(4)A report addressing two or more
improvements is considered a single inspection.]
(B)[(5)] The Commission may
not give experience credit to the same applicant or professional inspector
for more than three [complete or six partial] inspections
per day. No more than three applicants may receive credit for the
inspection of the same unit within a 30 day period, and no more than
three apprentice inspectors may receive credit for an inspection of
the same unit on the same day. [(e) For the purpose of satisfying
any requirement that an applicant hold a license for a period of time:
in order to be eligible for a license as a real estate inspector or
professional inspector, the Commission shall not give credit for periods
in which a license was on inactive status.]
(C)An applicant for a real estate inspector
license must have:
(i)been licensed as an apprentice
inspector on active status for a total of at least three months
within the 12 month period before [prior to]
the filing of the application ; and[.]
(ii)completed 25 inspections.
(D)An applicant for a professional inspector
license must have:
(i)been licensed as an real estate
inspector on active status for a total of at least 12 months
within the 24 month period and before [prior to]
the filing of the application; and[.]
(ii)completed 175 inspections.
(d)Substitute Experience Requirements
for a Real Estate Inspector License.
(1)[(f)] A person may satisfy
the substitute experience requirements for licensure as a real estate
inspector [pursuant to subsection (a)(2) of this section]
as follows:
[(1)][A person who does not have two
years of experience as an architect, engineer, or engineer-in-training
must:]
(A)complete a total of 32 additional hours of qualifying
[core] inspection coursework, which must include
the following:
(i)8 hours in Texas Standard Report Form/Report Writing;
(ii)8 hours in non-elective coursework in legal, ethics,
SOPs, and report writing as defined in §535.218 of this title;
(iii)16 hours in any qualifying [core]
inspection subject(s); and
(B)complete [either]:
(i)[complete] 20 hours of field work through
ride along inspection course sessions as defined in §535.213(g)
[§535.218] of this title; [,
except there may be up to 10 students per session] and
(ii)12 hours of an approved interactive
experience training module.[;or]
[(ii)complete 8 hours
of field work through ride along inspection course sessions as defined
in §535.218 of this title, except there may be up to 10 students
per session and 30 hours of an approved interactive experience training
module; or]
(2)[(iii)] Exceptions.
The Commission may award substitute experience credit to an applicant
who has not met the additional qualifying course requirements under
this subsection if:
(A)the applicant:
(i)has [have] three
years of experience in a field directly related to home inspection,
including but not limited to installing, servicing, repairing or maintaining
the structural, mechanical and electrical systems found in improvements
to real property; and
(ii)provides to the Commission [
provide] two affidavits from persons who have personal knowledge
of the applicant's work, detailing the time and nature of the applicant's
relevant experience; or[.]
(B)[(2)] The applicant: [
A person who]
(i)has at least two years of
experience as an active practicing licensed or registered architect,
professional engineer, or engineer-in-training and has completed[
must: (A) complete a total of] 16 additional hours of qualifying
[core] inspection coursework, which must include
the following:
(I)[(i)] 8 hours in Texas Standard
Report Form/Report Writing; and
(II)[(ii)] 8 hours in non-elective
coursework in legal, ethics, SOPs, and report writing as defined in
§535.218 of this title; and
(ii)[(B)] submits [
submit] a license history from the regulatory agency that issued
the license or registration documenting the period of practice as
a licensed or registered architect, professional engineer, or engineer-in-training.
(e)Substitute Experience Requirements
for a Professional Inspector License.
(1)[(g)] A person may satisfy
the substitute experience requirements for licensure as a professional
inspector [pursuant to subsection (a)(2) of this section]
as follows:
[(1)A person who does not have three
years of experience as an architect, engineer, or engineer-in-training
must:]
(A)complete a total of 200 additional hours of qualifying
[core] inspection coursework, which must include
the following:
(i)30 hours in foundations;
(ii)30 hours in framing;
(iii)24 hours in building enclosure;
(iv)24 hours in roof systems;
(v)16 hours in plumbing systems;
(vi)24 hours in electrical systems;
(vii)24 hours in heating, ventilation, and air conditioning
systems;
(viii)6 hours in appliances;
(ix)8 hours in non-elective coursework in legal, ethics,
SOPs, and report writing as defined in §535.218 of this title;
(x)8 hours in Standard Report Form/Report writing;
and
(xi)6 hours in any core inspection subject(s); and
(B)complete [either]:
(i)[complete] 40 hours of field work through
ride along inspection course sessions as defined in §535.213(g)
of this title;[, except there may be up to
10 students per session] and
(ii) 24 hours of an approved interactive
experience training module.[;]
[(ii)complete 16 hours of field work
through ride along inspection course sessions as defined in §535.218
of this title, except there may be up to 10 students per session and
60 hours of an approved interactive experience training module;]
(2)[(iii)] Exceptions.
The Commission may award substitute experience credit to an applicant
who has not met the additional qualifying course requirements under
this subsection if:
(A)the applicant:
(i)has[have] five
years of experience in a field directly related to home inspection,
including but not limited to installing, servicing, repairing or maintaining
the structural, mechanical and electrical systems found in improvements
to real property;[,] and
(ii)provides to the Commission [
provide] two affidavits from persons who have personal knowledge
of the applicant's work, detailing the time and nature of the applicant's
relevant experience; or[.]
(B)[(2)] the applicant [
A person who] has:
(i) at least three years of experience
as an active practicing licensed or registered architect, professional
engineer, or engineer-in-training, who[must: (A)
has completed complete] a total of 16 additional
hours of qualifying [core] inspection coursework,
which must include the following:
(I)[(i)] 8 hours in Texas Standard
Report Form/Report Writing; and
(II)[(ii)] 8 hours in non-elective
coursework in legal, ethics, SOPs, and report writing as defined in
§535.218 of this title; and
(ii)[(B)] submits [
submit] a license history from the regulatory agency that issued
the license or registration documenting the period of practice as
a licensed or registered architect, professional engineer, or engineer-in-training.
(f)[(h)] For purposes of this
section:
(1)"qualifying [core] inspection
coursework" means course work on the subject matters listed in §535.213(e)
of this title; and
(2)"interactive experience training module" means
education that provides regular and substantive interaction between
the students and the instructor, either synchronously or asynchronously,
and is delivered:
(A)in-person to students in the classroom; or
(B)through the use of one or more of the following
technologies:
(i)the internet;
(ii)one-way and two-way transmissions through open
broadcast, closed circuit, cable, microwave, broadband lines, fiber
optics, satellite or wireless communications devices;
(iii)audio conferencing; or
(iv)video cassettes, DVDs, and CD-ROMs, if the cassettes,
DVDs, or CD-ROMs are used in a course in conjunction with any of the
technologies listed in subparagraphs (B)(i) through (B)(iii) of this
paragraph.
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 August 17, 2018
TRD-201803577 Kristen Worman
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: September 30, 2018
For further information, please call: (512) 936-3902
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