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 09/10/2021
ACTION Final/Adopted
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)the lack of a pressure reducing valve when the water pressure exceeds 80 PSI;

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

      (v)the absence of:

        (I)fixture shutoff valves;

        (II)dielectric unions, when applicable;

        (III)back-flow devices, anti-siphon devices, or air gaps at the flow end of fixtures; and

      (vi)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 shutoff 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; and

        (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;

      (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; and

    (C)deficiencies in:

      (i)combustion and dilution air; and

      (ii)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.

  (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 shutoff 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;

      (v)deficiencies in:

        (I)gas shutoff valves;

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

        (III)gas appliance connector materials; and

        (IV)the condition and type of gas distribution lines and fittings;

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

      (vii)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 shutoff valves;

    (C)operate gas line shutoff valves; or

    (D)light or ignite pilot flames.

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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