| (D) the consequences of the inspection or its effects
on current or future buyers and sellers;
(E) common household accidents, personal injury, or
death;
(F) the presence of water penetrations; or
(G) future performance of any item;
(5) operate shutoff, safety, stop, pressure or pressure-regulating
valves or items requiring the use of codes, keys, combinations, or
similar devices;
(6) designate conditions as safe;
(7) recommend or provide engineering, architectural,
appraisal, mitigation, physical surveying, realty, or other specialist
services;
(8) review historical records, installation instructions,
repair plans, cost estimates, disclosure documents, or other reports;
(9) verify sizing, efficiency, or adequacy of the ground
surface drainage system;
(10) verify sizing, efficiency, or adequacy of the
gutter and downspout system;
(11) operate recirculation or sump pumps;
(12) remedy conditions preventing inspection of any
item;
(13) apply open flame or light a pilot to operate any
appliance;
(14) turn on decommissioned equipment, systems or utility
services; or
(15) provide repair cost estimates, recommendations,
or re-inspection services.
(e) In the event of a conflict between the general
provisions set out in this section, and the specific provisions specified
elsewhere in the standards of practice, specific provisions shall
take precedence.
(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 inspector shall not perform
the inspection of the property until the inspector notifies the client,
or the prospective client, that the component or system will not be
inspected.
(g) Enforcement. Failure to comply with the standards
of practice is grounds for disciplinary action as prescribed by Chapter
1102.
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| Source Note: The provisions of this §535.227 adopted to be effective January 1, 2014, 38 TexReg 3350; amended to be effective September 7, 2016, 41 TexReg 6742; amended to be effective May 24, 2017, 42 TexReg 2728; amended to be effective February 1, 2022, 46 TexReg 5770 |
