Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.213Qualifying Real Estate Inspector Instructors and Courses
ISSUE 03/03/2023
ACTION Proposed
Preamble Texas Admin Code Rule

[(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).]

(a)[(h)] Approval of Inspector Qualifying Courses. Inspector qualifying courses are approved and regulated as required by §535.62 of this chapter (relating to Approval of Qualifying Courses) [title].

(b)[(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 and[ , the] units [of which are] outlined in the PBIM 1-0, Property and Building Inspection I Qualifying Inspector Course Approval Form, hereby adopted by reference.[:]

     [(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 and[, the] units [of which are] outlined in the PBIM 2-0, Property and Building Inspection II Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.[:]

     [(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 Systems - 200 minutes.]

  (3)Analysis of Findings and Reporting Module (20 hours)[ , which] shall contain the [following] topics and[ , the] units [of which are] outlined in the AFRM-0, Analysis of Findings and Reporting Module Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.[ :]

     [(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 and[, the] units [of which are] outlined in the BOPRM-0, Business Operations and Professional Responsibilities Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.[:]

     [(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 and[, the] units [of which are] outlined in the TLM-1, Texas Law Module, Qualifying Real Estate Inspector Course Approval Form, hereby adopted by reference.[:

     [(A)Licensing Law; Chapter 1102 Texas Occupations Code - 200 minutes;]

     [(B)General Provisions; TREC Rules, Chapter 535 Subchapter R - 400 minutes; and]

Cont'd...

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