| (iv) Additions, modifications, or repairs to plumbing, heating and cooling systems made in accordance with generally accepted standards applicable at the time of installation. (F) Other Conditions. (i) Outbuildings and fences in good condition; (ii) No business or commercial exposures on premises; (iii) No vacancy of the property; (iv) Property accessible to fire equipment; and (v) No unfenced swimming pools, hot tubs, fish ponds, bodies of water or trampolines. (g) Inspection Certification Process. (1) An inspection for residential property insurability shall be made within 30 days from the date of the request and payment of any applicable fee. (2) The inspection process shall include the completion and issuance of a Residential Property Condition Evaluation Report (Form VIP-2) promulgated by the Department. (3) The information obtained in the Residential Property Condition Evaluation Report (Form VIP-2) shall be used to determine the insurability of the residential property. This information includes general information on the age and construction of the risk, the condition of the property, identifiable hazards of the property, and diagrams and photographs of the property. (4) The individual requesting the residential property inspection shall be provided a copy of the Residential Property Condition Evaluation Report (Form VIP-2) within ten days of the completion of the inspection. (5) If the residential property inspected meets the minimum standards provided in subsection (f) of this plan of operation, the inspector shall issue within ten days of completion of the inspection a Certificate of Insurability (Form VIP-1). (6) The Certificate of Insurability (Form VIP-1) is promulgated by the Department. (7) A Certificate of Insurability (Form VIP-1) is valid for a term of three years from the date of issuance to the individual requesting the inspection so long as no substantial changes have been made to the property. If substantial changes are made to the property, an additional inspection may be required by the insurer. (h) Insurer Processing. (1) An individual receiving a Certificate of Insurability (Form VIP-1) may provide to an insurer a copy of the certificate as part of the application for residential property insurance coverage. (2) The existence of a Certificate of Insurability (Form VIP-1) issued under this program creates a presumption that the property condition is adequate for residential property insurance to be issued. (3) If a Certificate of Insurability (Form VIP-1) is provided to an insurer as part of an application for residential property insurance, the insurer may not use property condition as grounds for refusing to issue or renew a residential property insurance policy unless the insurer reinspects the property and specifies in its declination letter the conditions of deficiency causing the residential property risk to be uninsurable. (4) As a condition of issuing a policy, when a Certificate of Insurability (Form VIP-1) is used in whole or in part to determine insurability, an insurer may require a written statement by the applicant for residential property insurance stating that there have been no material or substantial changes to the property condition since the date of the inspection certificate. (i) Certification or Licensing of Inspectors. (1) Certification. (A) The following individuals may be certified by the Department as qualified inspectors under this program: (i) Persons licensed to perform real property inspections under the Real Estate Licensing Act; (ii) Designated employees or agents of a county or municipality which elects to establish a voluntary inspection program for the inspection of residential properties within the territorial limits of the county or municipality. These employees or agents must be Certified Building Officials or Building Inspectors certified by a model code organization; (iii) Persons holding an insurance adjusters license pursuant to the Insurance Code Chapter 4101; (iv) Persons holding a local recording agents license pursuant to the Insurance Code §§4051.001 - 4051.303; (v) Persons holding a solicitors license pursuant to the Insurance Code §§4051.001 - 4051.303; (vi) Licensed Texas Professional Engineers. (B) Certification procedures shall be as follows: (i) Each applicant for a certification to act as a qualified inspector for the Voluntary Inspection Program shall file with the Department a completed Application for Residential Property Inspector Licensing/Certification (Form VIP-3) accompanied by such documents and attachments necessary to support the application; (ii) No certification shall be approved by the Department until a completed Application for Residential Property Inspector Licensing/Certification (Form VIP-3) has been filed with the Department; (iii) Upon review and approval of each completed application, a certification will be issued by the Department to the applicant; (iv) If an applicant is disapproved the Department shall issue to the applicant a letter of disapproval specifying the reasons for such disapproval; and (v) Certification remains valid so long as the applicant remains qualified under subparagraph (A) of this paragraph. (2) Licensing. (A) The following individuals may be licensed by the Department as qualified inspectors under this program. (i) Designated employees or agents of a county or municipality which elects to establish a voluntary inspection program for the inspection of residential property located within the territorial limits of a county or municipality and having at least one year of experience actively performing field inspections of residential property and not licensed as specified in paragraph (1)(A) of this subsection; (ii) Individuals who complete at least 60 college semester hours of Engineering, Safety, or related fields and one year experience of actively performing inspections of real property for the purpose of rating, underwriting, building code compliance or real estate appraisals; (iii) Individuals who have two years experience actively performing inspections of real property for the purpose of rating, underwriting, building code compliance or real estate appraisals; or (iv) Individuals who are employed by an entity that is responsible for and specializes in rating, underwriting, building code compliance or real estate appraisal and who have been actively performing inspections of real property for those purposes for a minimum of one year. (B) Licensing procedures shall be as follows: (i) Each applicant for a license to act as a qualified inspector for the Voluntary Inspection Program shall file with the Department a completed Application For Residential Property Inspector License/Certification (Form VIP-3) accompanied by such documents and attachments necessary to support the application; (ii) No license shall be approved by the Department until a completed Application for Residential Property Inspector Licensing/Certification (Form VIP-3) has been filed with the Department; (iii) Upon review and approval of each completed application a license will be issued by the Department to the applicant; and (iv) If an applicant is disapproved the Department shall issue to the applicant a letter of disapproval specifying the reasons for the disapproval. (3) Expiration and Renewal of Certification or License. (A) Each license or certification issued to an inspector under the Voluntary Inspection Program shall expire two years following the date of issue unless it is suspended or revoked by the Commissioner prior to this expiration date. (B) A person may renew an unexpired license or certification by filing a Renewal Application (Form VIP-6) with the Department. (C) If a person's license or certification has been expired for 90 days or less, the person may renew the license or certification by filing a Renewal Application (Form VIP-6) with the Department. (D) If a person's license or certification has been expired for longer than 90 days, the person may not renew the license. The person may obtain a new license or certification by complying with the requirements and procedures, as outlined in subsection (i), for obtaining an original license or certification. (E) At least 30 days before the expiration of a person's license or certification, the Department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the Department. Cont'd... |
