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Historical Rule for the Texas Administrative Code

TITLE 22EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.231Standards of Practice: Minimum Inspection Requirements for Plumbing Systems

(a) Plumbing systems. The inspector shall:

  (1) report:

    (A) location of water meter;

    (B) location of homeowners main water supply shutoff valve; and

    (C) static water pressure;

  (2) report as Deficient:

    (A) the presence of active leaks;

    (B) the lack of a pressure reducing valve when the water pressure exceeds 80 PSI;

    (C) the lack of an expansion tank at the water heater(s) when a pressure reducing valve is in place at the water supply line/system;

    (D) the absence of:

      (i) fixture shut-off valves;

      (ii) dielectric unions, when applicable;

      (iii) back-flow devices, anti-siphon devices, or air gaps at the flow end of fixtures; and

    (E) deficiencies in:

      (i) water supply pipes and waste pipes;

      (ii) the installation and termination of the vent system;

      (iii) the performance of fixtures and faucets not connected to an appliance;

      (iv) water supply, as determined by viewing functional flow in two fixtures operated simultaneously;

      (v) fixture drain performance;

      (vi) orientation of hot and cold faucets;

      (vii) installed mechanical drain stops;

      (viii) commodes, fixtures, showers, tubs, and enclosures; and

      (ix) the condition of the gas distribution system.

  (3) The inspector is not required to:

    (A) operate any main, branch, or shut-off valves;

    (B) operate or inspect sump pumps or waste ejector pumps;

    (C) verify the performance of:

      (i) the bathtub overflow;

      (ii) clothes washing machine drains or hose bibbs; or

      (iii) floor drains;

    (D) inspect:

      (i) any system that has been winterized, shut down or otherwise secured;

      (ii) circulating pumps, free-standing appliances, solar water heating systems, water-conditioning equipment, filter systems, water mains, private water supply systems, water wells, pressure tanks, sprinkler systems, swimming pools, or fire sprinkler systems;

      (iii) inaccessible gas supply system components for leaks;

      (iv) for sewer clean-outs; or

      (v) for the presence or performance of private sewage disposal systems; or

    (E) determine:

      (i) quality, potability, or volume of the water supply; or

      (ii) effectiveness of backflow or anti-siphon devices.

(b) Water heaters. The inspector shall:

  (1) report:

    (A) the energy source;

    (B) the capacity of the units;

  (2) report as Deficient:

    (A) inoperative units;

    (B) leaking or corroded fittings or tanks;

    (C) damaged or missing components;

    (D) the absence of a cold water shut-off valve;

    (E) if applicable, the absence of a pan or a pan drain system that does not terminate over a waste receptor or to the exterior of the building above the ground surface;

    (F) inappropriate locations;

    (G) the lack of protection from physical damage;

    (H) burners, burner ignition devices or heating elements, switches, or thermostats that are not a minimum of 18 inches above the lowest garage floor elevation, unless the unit is listed for garage floor installation;

    (I) the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;

    (J) when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement;

    (K) the absence of or deficiencies in the temperature and pressure relief valve and discharge piping;

    (L) a temperature and pressure relief valve that failed to operate, when tested manually;

    (M) in electric units, deficiencies in:

      (i) performance of heating elements; and

      (ii) condition of conductors; and

    (N) in gas units:

      (i) gas leaks;

      (ii) flame impingement, uplifting flame, improper flame color, or excessive scale build-up;

      (iii) the absence of a gas shut-off valve within six feet of the appliance;

      (iv) the absence of a gas appliance connector or one that exceeds six feet in length;

      (v) gas appliance connectors that are concealed within or extended through walls, floors, partitions, ceilings or appliance housings;

      (vi) deficiencies in:

        (I) combustion and dilution air;

        (II) gas shut-off valves;

        (III) access to a gas shutoff valves that prohibit full operation;

        (IV) gas appliance connector materials; and

        (V) vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.

  (3) The inspector is not required to:

    (A) verify the effectiveness of the temperature and pressure relief valve, discharge piping, or pan drain pipes;

    (B) operate the temperature and pressure relief valve if the operation of the valve may, in the inspector's reasonable judgment, cause damage to persons or property; or

    (C) determine the efficiency or adequacy of the unit.

(c) Hydro-massage therapy equipment. The inspector shall:

  (1) report as Deficient:

    (A) inoperative units;

    (B) the presence of active leaks;

    (C) deficiencies in components and performance;

    (D) missing and damaged components;

    (E) the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish; and

    (F) the absence or failure of operation of ground-fault circuit interrupter protection devices; and

  (2) The inspector is not required to determine the adequacy of self-draining features of circulation systems.


Source Note: The provisions of this §535.231 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective May 21, 2014, 39 TexReg 3863

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