(a)Dishwashers. The inspector shall report as Deficient:
(1)inoperative units;
(2)deficiencies in performance or mounting;
(3)rusted, missing or damaged components;
(4)the presence of visible active water leaks; and
(5)the absence of visible backflow prevention.
(b)Food waste disposers. The inspector shall report
as Deficient:
(1)inoperative units;
(2)deficiencies in performance or mounting;
(3)missing or damaged components; and
(4)the presence of visible active water leaks.
(c)Range hoods and exhaust systems. The inspector
shall report as Deficient:
(1)inoperative units;
(2)deficiencies in performance or mounting;
(3)missing or damaged components;
(4)ducts that do not terminate outside the building,
if the unit is not of a re-circulating type or configuration; and
(5)improper duct material.
(d)Electric or gas ranges, cooktops, and ovens. The
inspector shall report as Deficient:
(1)inoperative units;
(2)missing or damaged components;
(3)combustible material within thirty inches above
the cook top burners;
(4)absence of an anti-tip device, if applicable;
(5)gas leaks in the gas range, cooktops and ovens
not associated with the gas distribution system; and
(6)deficiencies in:
(A)thermostat accuracy (within 25 degrees Fahrenheit
at a setting of 350 degrees Fahrenheit); and
(B)mounting and performance.
(e)Microwave ovens. The inspector shall inspect built-in
units and report as Deficient:
(1)inoperative units;
(2)deficiencies in performance or mounting; and
(3)missing or damaged components.
(f)Mechanical exhaust systems and bathroom heaters.
The inspector shall report as Deficient:
(1)the lack of mechanical ventilation in a bathroom
if no operable window is present;
(2)inoperative units;
(3)deficiencies in performance or mounting;
(4)missing or damaged components;
(5)ducts that do not terminate outside the building;
and
(6)a gas heater that is not vented to the exterior
of the building unless the unit is listed as an unvented type.
(g)Garage door operators. The inspector shall report
as Deficient:
(1)inoperative units;
(2)deficiencies in performance or mounting;
(3)missing or damaged components;
(4)installed photoelectric sensors located more than
six inches above the garage floor;
(5)deficiencies in performance or absence of auto
reversing mechanisms and manual detachment device; and
(6)door locks or side ropes that have not been removed
or disabled.
(h)Dryer exhaust systems. The inspector shall report
as Deficient:
(1)missing or damaged components;
(2)the absence of a dryer exhaust system when provisions
are present for a dryer;
(3)ducts that do not terminate to the outside of the
building;
(4)screened terminations; and
(5)ducts that are not made of metal with a smooth
interior finish.
(i)General provisions. The inspector is not required
to:
(1)operate or determine the condition of other auxiliary
components of inspected items;
(2)test for microwave oven radiation leaks;
(3)inspect self-cleaning functions;
(4)disassemble appliances;
(5)determine the adequacy of venting systems;
(6)determine proper routing and lengths of duct systems;
(7)operate or determine the condition of clothes washer,
clothes dryer, or refrigerator; or
(8)operate or determine the condition of other built
in appliances, except as provided for under §535.233(h), of this
title.
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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