Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.230Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems
ISSUE 09/10/2021
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Heating equipment.

  (1)General requirements. The inspector shall:

    (A)report:

      (i)the type of heating systems; and

      (ii)the energy sources; and

    (B)report as Deficient:

      (i)inoperative units;

      (ii)deficiencies in the thermostats;

      (iii)inappropriate location;

      (iv)the lack of protection from physical damage;

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

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

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

      (viii)deficiencies in mounting and performance of window and wall units.

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

    (A)performance of heat pumps;

    (B)performance of heating elements; and

    (C)condition of conductors; and

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

    (A)gas leaks in the heating equipment not associated with the gas distribution system;

    (B)flame impingement, uplifting flame, improper flame color, or excessive scale buildup; and

    (C)deficiencies in:

      (i)combustion, and dilution air; and

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

(b)Cooling equipment.

  (1)Requirements for cooling units other than evaporative coolers.

    (A)the inspector shall:

      (i)report the type of systems;

      (ii)measure and report the temperature difference between the supply air and the returned air or report industry-accepted method used to determine performance; and

      (iii)generally report extraneous factors or conditions, present on the day of the inspection, that would adversely impact the temperature differential of an otherwise performing unit; and

    (B)the inspector shall report as Deficient:

      (i)inoperative units;

      (ii)deficiencies in the performance of the cooling system that:

        (I)fails to achieve a 15 degrees Fahrenheit to 22 degrees Fahrenheit temperature differential; or

        (II)fails to cool adequately as determined by other industry-accepted methods;

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

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

      (v)noticeable vibration of blowers or fans;

      (vi)water in the auxiliary/secondary drain pan;

      (vii)a primary drain pipe that discharges in a sewer vent;

      (viii)missing or deficient refrigerant pipe insulation;

      (ix)dirty coils, where accessible;

      (x)condensing units lacking adequate clearances or air circulation or that has deficiencies in the fins, location, levelness, or elevation above grade surfaces; and

      (xi)deficiencies in:

        (I)the condensate drain and auxiliary/secondary pan and drain system;

        (II)mounting and performance of window or wall units; and

        (III)thermostats.

  (2)Requirements for evaporative coolers.

    (A)the inspector shall report:

      (i)type of systems; and

      (ii)the type of water supply line; and

    (B)the inspector shall report as Deficient:

      (i)inoperative units;

      (ii)inadequate access and clearances;

      (iii)deficiencies in performance or mounting;

      (iv)missing or damaged components;

      (v)the presence of active water leaks; and

      (vi)the absence of backflow prevention.

(c)Duct systems, chases, and vents.

  (1)the inspector shall report as Deficient:

    (A)damaged duct systems or improper material;

    (B)damaged or missing duct insulation;

    (C)the absence of air flow at accessible supply registers;

    (D)the presence of gas piping and sewer vents concealed in ducts, plenums and chases;

    (E)ducts or plenums in contact with earth; and

    (F)deficiencies in:

      (i)filters;

      (ii)grills or registers; and

      (iii)the location of return air openings.

(d)For heating, ventilation, and air conditioning systems inspected under this section, the inspector is not required to perform the following actions:

  (1)program digital thermostats or controls;

  (2)inspect:

    (A)for pressure of the system refrigerant, type of refrigerant, or refrigerant leaks;

    (B)winterized or decommissioned equipment; or

    (C)duct fans, humidifiers, dehumidifiers, air purifiers, motorized dampers, electronic air filters, multi-stage controllers, sequencers, heat reclaimers, wood burning stoves, boilers, oil-fired units, supplemental heating appliances, de-icing provisions, or reversing valves;

  (3)operate:

    (A)setback features on thermostats or controls;

    (B)radiant heaters, steam heat systems, or unvented gas-fired heating appliances; or

    (C)cooling or heating systems when weather conditions or other circumstances may cause equipment damage, including:

      (i)cooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit; and

      (ii)heat pumps, in the heat pump mode, when the outdoor temperature is above 70 degrees Fahrenheit;

  (4)verify:

    (A)compatibility of components;

    (B)tonnage and manufacturer match of indoor coils and outside coils or condensing units;

    (C)the accuracy of thermostats; or

    (D)the integrity of the heat exchanger; or

  (5)determine:

    (A)sizing, efficiency, or adequacy of the system;

    (B)balanced air flow of the conditioned air to the various parts of the building; or

    (C)types of materials contained in insulation.

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 23, 2021

TRD-202103314

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: February 1, 2022

Proposal publication date: May 21, 2021

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



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