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(a)Subsections (a) - (f) of this section shall expire
on February 28, 2021, and only apply to satisfy the education requirements
for a license under §535.212 of this title (relating to Education
and Experience Requirements for a License).
(b)Approval of Inspector Qualifying Courses. Inspector
qualifying courses are approved and regulated as required by §535.62
of this title (relating to Approval of Qualifying Courses).
(c)A classroom course may include up to 50% of total
course time for appropriate field trips relevant to the course topic.
Field trips may not be included as part of distance education delivery
courses.
(d)A course approved to satisfy a specific subject
matter requirement under §535.212 of this title must address
each part of the subject as described by this section.
(e)Approved Qualifying Courses of Study. The subjects
approved for credit for qualifying inspector courses are those courses
prescribed by §1102.001(5), Texas Occupations Code and the following:
(1)Foundations, which shall include the following
topics:
(A)site analysis/location;
(B)grading;
(C)foundations;
(D)flat work;
(E)material;
(F)foundation walls;
(G)foundation drainage;
(H)foundation waterproofing and damp proofing;
(I)columns; and
(J)under floor space.
(2)Framing, which shall include the following topics:
(A)flashing;
(B)wood frame - stick/balloon;
(C)roof structure - rafters/trusses;
(D)floor structure;
(E)porches/decks/steps/landings/balconies;
(F)doors;
(G)ceilings;
(H)interior walls;
(I)stairways;
(J)guardrails/handrails/balusters;
(K)fireplace/chimney;
(L)sills/columns/beams/joist/sub-flooring;
(M)wall systems/structure - headers;
(N)rammed earth;
(O)straw bale;
(P)ICF;
(Q)panelized;
(R)masonry;
(S)wood I joist;
(T)roof sheathing;
(U)wood wall;
(V)steel wall;
(W)wood structural panel; and
(X)conventional concrete.
(3)Building Enclosure, which shall include the following
topics:
(A)review of foundation and roofing relation;
(B)review of flashing;
(C)cladding;
(D)windows/glazing;
(E)weather barriers;
(F)vapor barriers;
(G)insulation;
(H)energy codes; and
(I)ingress/egress.
(4)Roof Systems, which shall include the following
topics:
(A)review - rafters, roof joist, ceiling joist, collar
ties, knee walls, purling, trusses, wood I joist, roof sheathing,
steel framing;
(B)roof water control;
(C)skylights;
(D)flashing;
(E)ventilation/non-ventilation;
(F)attic access;
(G)re-roofing;
(H)slopes - step roof/low slope/near flat;
(I)materials - asphalt, fiberglass, wood shake, wood
shingle, slate, clay tile, concrete tile, fiber cement (asbestos cement,
mineral cement), metal, roll, build up, modified bitumen, synthetic
rubber (EPDM), plastic (PVC); and
(J)valleys.
(5)Plumbing Systems, which shall include the following
topics:
(A)water supply systems;
(B)fixtures;
(C)drains;
(D)vents;
(E)water heaters (gas and electric);
(F)gas lines; and
(G)hydro-therapy equipment.
(6)Electrical Systems, which shall include the following
topics:
(A)general requirements, equipment location and clearances;
(B)electrical definitions;
(C)services;
(D)branch circuit and feeder requirements;
(E)wiring methods;
(F)power and lights distribution;
(G)devices and light fixtures; and
(H)swimming pool.
(7)HVAC Systems, which shall include the following
topics:
(A)heating;
(B)ventilation;
(C)air conditioning; and
(D)evaporative coolers.
(8)Appliances, which shall include the following
topics:
(A)dishwasher;
(B)food waste disposer;
(C)kitchen exhaust hood;
(D)range, cooktop, and ovens (electric and gas);
(E)microwave cooking equipment;
(F)trash compactor;
(G)bathroom exhaust fan and heater;
(H)whole house vacuum systems;
(I)garage door operator;
(J)doorbell and chimes; and
(K)dryer vents.
(9)Texas Standards of Practice, which shall include
the following topics:
(A)review of general principles and specific Texas
practice standards;
(B)inspection guidelines for structural systems;
(C)inspection guidelines for electrical systems;
(D)inspection guidelines for heating, ventilation,
and air conditioning systems;
(E)inspection guidelines for plumbing systems;
(F)inspection guidelines for appliances; and
(G)inspection guidelines for optional systems.
(10)Legal/Ethics, which shall include the following
topics:
(A)Chapter 1102;
(B)rules of the Commission related to inspectors;
(C)agency enforcement action relating to inspectors;
and
(D)related case law.
(11)Texas Standard Report Form/Report Writing, which
shall include the following topics:
(A)use of the required inspection report form;
(B)allowed reproductions;
(C)allowed changes;
(D)exceptions from use of the form;
(E)review of typical comments for each heading in
the report; and
(F)review of generally accepted technical writing
techniques.
(12)Other approved courses as they relate to real
estate inspections, which shall include one or more of the following
topics:
(A)Environmental Protection Agency;
(B)Consumer Product Safety Commission; and
(C)general business practices.
(f)Ride-along inspection course for qualifying education.
(1)A ride-along inspection course must:
(A)at a minimum consist of one full residential property
inspection per 8 hours of course credit;
(B)review applicable standards of practice and departure
provisions contained in §§535.227 - 535.233 of this title
(relating to Standards of Practice); and
(C)consist of no more than four students per instructor.
(2)The instructor of a ride-along inspection course
may:
(A)review report writing;
(B)deliver a notice regarding the ride-along session
on a form approved by the Commission to the prospective buyer or seller
of the home being inspected.
(g)Subsections (h) - (i) of this section are effective
March 1, 2021 and apply to the education requirements for a license
under §535.214 of this title (relating to Education and Experience
Requirements for a License).
(h)Approval of Inspector Qualifying Courses. Inspector
qualifying courses are approved and regulated as required by §535.62
of this title.
(i)Approved Qualifying Courses of Study. The subjects
approved for credit for qualifying inspector courses consist of the
following modules:
(1)Property and Building Inspection Module I (40 hours),
which shall contain the following topics, the units of which are outlined
in the Property and Building Inspection I Qualifying Inspector Course
Approval Form:
(A)Site conditions; assessing defects and issues that
may affect people or the performance of the building - 300 minutes;
(B)Exterior components; assessing defects and issues
that may affect people or the performance of the building - 300 minutes;
(C)Roof components; assessing defects and issues that
may affect people or the performance of the building - 300 minutes;
(D)Structural components; assessing defects and issues
that may affect people or the performance of the building - 300 minutes;
(E)Interior components; assessing defects and issues
that may affect people or the performance of the building - 300 minutes;
(F)Permanently installed kitchen appliances; assessing
for proper condition and operations - 300 minutes; and
(G)Fireplaces, fuel-burning appliances, and their
chimney and vent systems; assessing defects and issues that may affect
people or the performance of the building - 200 minutes.
(2)Property and Building Inspection Module II (40
hours), which shall contain the following topics, the units of which
are outlined in the Property and Building Inspection II Qualifying
Real Estate Inspector Course Approval Form:
(A)Electrical systems; assessing defects and issues
that may affect people or the performance of the building - 300 minutes;
(B)Cooling Systems; assessing defects and issues that
may affect people or the performance of the building - 300 minutes;
(C)Heating systems; assessing defects and issues that
may affect people or the performance of the building - 300 minutes;
(D)Insulation, moisture management systems, and ventilation
systems in conditioned and unconditioned spaces; assessing defects
and issues that may affect people or the performance of the building
- 300 minutes;
(E)Plumbing systems; assessing defects and issues
that may affect people or the performance of the building - 300 minutes;
(F)Mechanical exhaust systems; assessing defects and
issues that may affect people or the performance of the building -
300 minutes; and
(G)Optional Systems - 200 minutes.
(3)Analysis of Findings and Reporting Module (20 hours),
which shall contain the following topics, the units of which are outlined
in the Analysis of Findings and Reporting Module Qualifying Real Estate
Inspector Course Approval Form:
(A)Informing the client what was inspected and describing
building systems and components by their distinguishing characteristics
- 200 minutes;
(B)Describing inspection methods and limitations in
the inspection report to inform the client what was not inspected
and why - 200 minutes;
(C)Describing systems and components inspected that
are not functioning properly or are defective - 200 minutes;
(D)Describing systems and components in need of further
evaluation or action - 200 minutes; and
(E)Describing the implication of defects so that the
client understands what could occur if the defects are not corrected
- 200 minutes.
(4)Business Operations and Professional Responsibilities
Module (10 hours), which shall contain the following topics, the units
of which are outlined in the Business Operations and Professional
Responsibilities Qualifying Real Estate Inspector Course Approval
Form:
(A)Elements of the written inspection contract and
the rights and responsibilities of the inspector and the client -
250 minutes; and
(B)Inspector's responsibility to maintain the quality,
integrity, and objectivity of the inspection process - 250 minutes.
(5)Texas Law Module (20 hours), which shall contain
the following topics, the units of which are outlined in the Texas
Law Module, Qualifying Real Estate Inspector Course Approval Form:
(A)Licensing Law; Chapter 1102 Texas Occupations Code
- 200 minutes;
(B)General Provisions; TREC Rules, Chapter 535 Subchapter
R - 400 minutes; and
(C)Inspector Legal & Ethics - 400 minutes.
(6)Texas Standards of Practice Module (24 hours),
which shall contain the following topics, the units of which are outlined
in the Texas Standards of Practice Module Qualifying Real Estate Inspector
Course Approval Form:
(A)Structural systems; Texas SOP exclusions and unique
reporting requirements - 400 minutes;
(B)Electrical systems; Texas SOP exclusions and unique
reporting requirements - 400 minutes; and
(C)Mechanical systems; Texas SOP exclusions and unique
reporting requirements - 400 minutes.
(7)Texas Practicum (40 hours); which shall consist
of a minimum of five complete and in-person inspections.
(A)The Texas Practicum must:
(i)be supervised by a currently licensed inspector
who has:
(I)been actively licensed as a Professional Inspector
for at least five years; and
(II)at least three years of supervisory or training
experience with inspectors; or
(III)performed a minimum of 200 real estate inspections
as a Texas professional inspector;
and
(ii)consist of no more than four students per inspector
supervising the Texas Practicum.
(B)The inspector supervising the Texas Practicum must
evaluate that upon completion by the student, each report is:
(i)considered satisfactory for release to an average
consumer; and
(ii)demonstrates an understanding of:
(I)report writing;
(II)client interaction;
(III)personal property protection; and
(IV)concepts critical for the positive outcome of
the inspection process.
(C)An applicant may request credit for completing
the Texas Practicum (40 hours) by submitting the credit request form
approved by the Commission.
(D)Audits.
(i)The Commission staff may conduct an audit of any
information provided on a Texas Practicum credit request form, including
verifying that the inspector supervising the Texas Practicum meets
the qualifications required to supervise the practicum.
(ii)The following acts committed by a supervisory
inspector conducting the Texas Practicum are grounds for disciplinary
action:
(I)making material misrepresentation of fact;
(II)making a false representation to the Commission,
either intentionally or negligently, that a student completed the
Texas Practicum in its entirety, satisfying all requirements for credit
to be awarded.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on August 11, 2020
TRD-202003311 Vanessa Burgess
General Counsel
Texas Real Estate Commission
Effective date: August 31, 2020
Proposal publication date: June 12, 2020
For further information, please call: (512) 936-3284
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