Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.231Standards of Practice: Minimum Inspection Requirements for Plumbing Systems
ISSUE 05/21/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Plumbing systems.

  (1)The inspector shall:

    (A)report:

      (i)location of water meter;

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

      (iii)static water pressure;

       (iv)visible material used for water supply lines and drain lines;

    (B)report as Deficient:

      (i)the presence of active leaks;

       (ii)water pressure exceeding 80 PSI;

      (iii)[(ii)] the lack of a pressure reducing valve when the water pressure exceeds 80 PSI;

      (iv)[(iii)] the lack of a visible [an] expansion tank [at the water heater(s) ] when a pressure reducing valve, check valve, or backflow preventer is in place at the water supply line/system;

      (v)[(iv)] 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

      (vi)[(v)] 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.

  (2)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.

  (1)General Requirements.

    (A)The inspector shall:

      (i)report:

        (I)the energy source;

        (II)the capacity of the units;

      (ii)report as Deficient:

        (I)inoperative units;

        (II)leaking or corroded fittings or tanks;

        (III)damaged or missing components;

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

        (V)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;

        (VI)inappropriate locations;

        (VII)the lack of protection from physical damage;

        (VIII)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;

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

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

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

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

    (B)The inspector is not required to:

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

      (ii)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

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

  (2)Requirements for electric units. The inspector shall report as Deficient deficiencies in:

    (A)performance of heating elements; and

    (B)condition of conductors; and

  (3)Requirements for gas units. The inspector shall report as Deficient:

    (A)gas leaks in water heater not associated with the gas distribution system;

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

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

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

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

    (C)[(F)] 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]

      (ii)[(v)] vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.

(c)Hydro-massage therapy equipment.

  (1)The inspector shall 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.

(d)Gas distribution systems.

  (1)The inspector shall:

    (A)report:

      (i)location of gas meter; and

      (ii)visible material used for gas distribution system;

    (B)report as Deficient:

      (i)noticeable gas leaks;

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

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

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

      (v)deficiencies in:

        (I)gas shut-off valves;

        (II)access to a gas shutoff valves that prohibits full operation;

        (III)gas appliance connector materials; and

      (vi)deficiencies in the condition and type of gas distribution lines and fittings;

      (vii)lack of visible bonding on gas distribution system, including corrugated stainless steel tubing (CSST); and

      (viii)lack of visible sediment traps.

  (2)Specific limitation for gas lines. The inspector is not required to:

    (A)inspect sacrificial anode bonding or for its existence;

    (B)pressurize or test gas system, drip legs or shut-off valves;

    (C)operate gas line shut-off valves; or

    (D)light or ignite pilot flames.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 6, 2021

TRD-202101793

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: June 20, 2021

For further information, please call: (512) 936-3284



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