(a) Definitions.
(1) Accessible--In the reasonable judgment of the inspector,
capable of being approached, entered, or viewed without:
(A) hazard to the inspector;
(B) having to climb over obstacles, moving furnishings
or large, heavy, or fragile objects;
(C) using specialized equipment or procedures;
(D) disassembling items other than covers or panels
intended to be removed for inspection;
(E) damaging property, permanent construction or building
finish; or
(F) using a ladder for portions of the inspection other
than the roof or attic space.
(2) Chapter 1102--Texas Occupations Code, Chapter 1102.
(3) Component--A part of a system.
(4) Cosmetic--Related only to appearance or aesthetics,
and not related to performance, operability, or water penetration.
(5) Deficiency--In the reasonable judgment of the inspector,
a condition that:
(A) adversely and materially affects the performance
of a system, or component; or
(B) constitutes a hazard to life, limb, or property
as specified by these standards of practice.
(6) Deficient--Reported as having one or more deficiencies.
(7) Inspect--To operate in normal ranges using ordinary
controls at typical settings, look at and examine accessible systems
or components and report observed deficiencies as specified by these
standards of practice.
(8) Performance--Achievement of an operation, function
or configuration relative to accepted industry standard practices
with consideration of age and normal wear and tear from ordinary use.
(9) Report--To provide the inspector's opinions and
findings on the standard inspection report form as required by §535.222
and §535.223 of this title.
(10) Specialized equipment--Equipment such as thermal
imaging equipment, moisture meters, gas or carbon monoxide detection
equipment, environmental testing equipment and devices, elevation
determination devices, and ladders capable of reaching surfaces over
one story above ground surfaces.
(11) Specialized procedures--Procedures such as environmental
testing, elevation measurement, calculations and any method employing
destructive testing that damages otherwise sound materials or finishes.
(12) Standards of practice--§§535.227 - 535.233
of this title.
(13) Substantially completed--The stage of construction
when a new building, addition, improvement, or alteration to an existing
building is sufficiently complete that the building, addition, improvement
or alteration can be occupied or used for its intended purpose.
(14) Technically Exhaustive--A comprehensive investigation
beyond the scope of a real estate inspection which would involve determining
the cause or effect of deficiencies, exploratory probing or discovery,
the use of specialized knowledge, equipment or procedures.
(b) Scope.
(1) These standards of practice define the minimum
levels of inspection required for substantially completed residential
improvements to real property up to four dwelling units. A real estate
inspection is a non-technically exhaustive, limited visual survey
and basic performance evaluation of the systems and components of
a building using normal controls and does not require the use of specialized
equipment or procedures. The purpose of the inspection is to provide
the client with information regarding the general condition of the
residence at the time of inspection. The inspector may provide a higher
level of inspection performance than required by these standards of
practice and may inspect components and systems in addition to those
described by the standards of practice.
(2) General Requirements. The inspector shall:
(A) operate fixed or installed equipment and appliances
listed herein in at least one mode with ordinary controls at typical
settings;
(B) visually inspect accessible systems or components
from near proximity to the systems and components, and from the interior
of the attic and crawl spaces; and
(C) complete the standard inspection report form as
required by §535.222 and §535.223 of this title.
(3) General limitations. The inspector is not required
to:
(A) inspect:
(i) items other than those listed within these standards
of practice;
(ii) elevators;
(iii) detached buildings, decks, docks, fences, or
waterfront structures or equipment;
(iv) anything buried, hidden, latent, or concealed;
(v) sub-surface drainage systems;
(vi) automated or programmable control systems, automatic
shut-off, photoelectric sensors, timers, clocks, metering devices,
signal lights, lightning arrestor system, remote controls, security
or data distribution systems, solar panels or smart home automation
components; or
(vii) concrete flatwork such as driveways, sidewalks,
walkways, paving stones or patios;
(B) report:
(i) past repairs that appear to be effective and workmanlike
except as specifically required by these standards;
(ii) cosmetic or aesthetic conditions; or
(iii) wear and tear from ordinary use;
(C) determine:
(i) insurability, warrantability, suitability, adequacy,
compatibility, capacity, reliability, marketability, operating costs,
recalls, counterfeit products, product lawsuits, life expectancy,
age, energy efficiency, vapor barriers, thermostatic performance,
compliance with any code, listing, testing or protocol authority,
utility sources, or manufacturer or regulatory requirements except
as specifically required by these standards;
(ii) the presence or absence of pests, termites, or
other wood-destroying insects or organisms;
(iii) the presence, absence, or risk of asbestos, lead-based
paint, mold, mildew, corrosive or contaminated drywall "Chinese Drywall"
or any other environmental hazard, environmental pathogen, carcinogen,
toxin, mycotoxin, pollutant, fungal presence or activity, or poison;
(iv) types of wood or preservative treatment and fastener
compatibility; or
(v) the cause or source of a condition;
(D) anticipate future events or conditions, including
but not limited to:
(i) decay, deterioration, or damage that may occur
after the inspection;
(ii) deficiencies from abuse, misuse or lack of use;
(iii) changes in performance of any component or system
due to changes in use or occupancy;
(iv) the consequences of the inspection or its effects
on current or future buyers and sellers;
(v) common household accidents, personal injury, or
death;
(vi) the presence of water penetrations; or
(vii) future performance of any item;
(E) operate shut-off, safety, stop, pressure or pressure-regulating
valves or items requiring the use of codes, keys, combinations, or
similar devices;
(F) designate conditions as safe;
(G) recommend or provide engineering, architectural,
appraisal, mitigation, physical surveying, realty, or other specialist
services;
(H) review historical records, installation instructions,
repair plans, cost estimates, disclosure documents, or other reports;
(I) verify sizing, efficiency, or adequacy of the ground
surface drainage system;
(J) verify sizing, efficiency, or adequacy of the gutter
and downspout system;
(K) operate recirculation or sump pumps;
(L) remedy conditions preventing inspection of any
item;
(M) apply open flame or light a pilot to operate any
appliance;
(N) turn on decommissioned equipment, systems or utility
services; or
(O) provide repair cost estimates, recommendations,
or re-inspection services.
(4) In the event of a conflict between specific provisions
and general provisions in the standards of practice, specific provisions
shall take precedence.
(5) Departure.
(A) An inspector may depart from the inspection of
a component or system required by the standards of practice only if:
(i) the inspector and client agree the item is not
to be inspected;
(ii) the inspector is not qualified to inspect the
item;
(iii) in the reasonable judgment of the inspector,
conditions exist that prevent inspection of an item;
Cont'd... |