Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.212Education and Experience Requirements for an Inspector License
ISSUE 03/05/2004
ACTION Proposed
Preamble No Rule Available

(a)Education requirements.

  (1)To be accepted for inspector licensing, a course must meet each of the following requirements.

    (A)The course was devoted to a subject listed in Texas Occupations Code, Section 1102.001(5) [Civil Statutes, Article 6573a (the Act), §§23(a)(3)] or this section; provided, however, no more than 30 cumulative classroom hours in course credit may be accepted by the commission for inspection-related business, legal, report writing or ethics courses.

    (B) - (E)(No change.)

  (2) - (3)(No change.)

  (4)Providers may obtain prior approval of a classroom course by submitting the following items to the commission:

    (A) - (B)(No change.)

    (C)a copy of any textbook, course outline, syllabus or other written course material provided to students; [and]

    (D)a cross reference to the course material which demonstrates in a manner that is satisfactory to the commission where the required subject matter is covered in the course; and

    (E)a copy of the written final examination which measures a student's mastery of the course.

   (5)The following subjects shall be considered core real estate inspection courses for purposes of additional education requirements under subsection (b)(1)(B) of this section.

    (A)Foundations, which shall include the following topics:

      (i)site analysis/location;

      (ii)grading;

      (iii)foundations;

      (iv)flat work;

      (v)material;

      (vi)foundation walls;

      (vii)foundation drainage;

      (viii)foundation waterproofing and damp proofing;

      (ix)columns; and

      (x)under floor space.

    (B)Roof Systems, which shall include the following topics:

      (i)review - rafters, roof joist, ceiling joist, collar ties, knee walls, purling, trusses, wood I joist, roof sheathing, steel framing

      (ii)roof water control;

      (iii)skylights;

      (iv)flashing;

      (v)ventilation/non-ventilation;

      (vi)attic access;

      (vii)re-roofing;

      (viii)slopes - step roof/low slope/near flat;

      (ix)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

      (x)valleys.

    (C)Framing, which shall include the following topics:

      (i)flashing;

      (ii)wood frame - stick/balloon;

      (iii)roof structure - rafters/trusses;

      (iv)floor structure;

      (v)porches/decks/steps/landings/balconies;

      (vi)doors;

      (vii)ceilings;

      (viii)interior walls;

      (ix)stairways;

      (x)guardrails/handrails/balusters;

      (xi)fireplace/chimney;

      (xii)sills/columns/beams/joist/sub-flooring;

      (xiii)wall systems/structure - headers;

      (xiv)rammed earth;

      (xv)straw bale;

      (xvi)ICF;

      (xvii)panelized;

      (xviii)masonry;

      (xix)wood I joist;

      (xx)roof sheathing;

      (xxi)wood wall;

      (xxii)steel wall;

      (xxiii)wood structural panel; and

      (xxiv)conventional concrete.

    (D)Electrical Systems, which shall include the following topics:

      (i)general requirements, equipment location and clearances;

      (ii)electrical definitions;

      (iii)services;

      (iv)branch circuit and feeder requirements;

      (v)wiring methods;

      (vi)power and lights distribution;

      (vii)devices and light fixtures; and

      (viii)swimming pool.

    (E)HVAC Systems which shall include the following topics:

      (i)heating;

      (ii)ventilation;

      (iii)air conditioning; and

      (iv)evaporative coolers.

    (F)Plumbing, which shall include the following topics:

      (i)water supply systems;

      (ii)fixtures;

      (iii)drains;

      (iv)vents;

      (v)water heaters (gas and electric);

      (vi)gas lines; and

      (vii)hydro-therapy equipment.

    (G)Building Enclosure, which shall include the following topics:

      (i)review of foundation and roofing relation;

      (ii)review of flashing;

      (iii)cladding;

      (iv)windows/glazing;

      (v)weather barriers;

      (vi)vapor barriers;

      (vii)insulation;

      (viii)energy codes; and

      (ix)ingress/egress.

    (H)Appliances, which shall include the following topics:

      (i)dishwasher;

      (ii)food waste disposer;

      (iii)kitchen exhaust hood;

      (iv)range, cooktop, and ovens (electric and gas);

      (v)microwave cooking equipment;

      (vi)trash compactor;

      (vii)bathroom exhaust fan and heater;

      (viii)whole house vacuum systems;

      (ix)garage door operator;

      (x)doorbell and chimes; and

      (xi)dryer vents.

    (I)Standards of Practice/Legal/Ethics, which shall include the following topics:

      (i)review of general principals;

      (ii)inspection guidelines for structural systems;

      (iii)inspection guidelines for mechanical systems;

      (iv)inspection guidelines for electrical systems;

      (v)inspection guidelines for optional systems;

      (vi)ethics; and

      (vii)legal

    (J)Standard Report Form/Report Writing, which shall include the following topics:

      (i)required use of report form REI 7A-0;

      (ii)allowed reproductions;

      (iii)allowed changes;

      (iv)exceptions from use of the form;

      (v)review of typical comments for each heading in the report; and

      (iv)review of generally accepted technical writing techniques.

    (K)Other Approved Courses as they relate to real estate inspections, which shall include the following topics:

      (i)Environmental Protection Agency;

      (ii)Consumer Product Safety Commission; and

      (iii)general business practices.

   (6)A course approved to satisfy the additional education hours required by subsection (b)(1)(B) of this section in lieu of the number of real estate inspections required by Chapter 1102, Texas Occupations Code, and in lieu of the requirement that the applicant has previously been licensed for a specified time as an apprentice inspector or a real estate inspector must meet each of the following requirements.

    (A)The course must cover one subject only.

    (B)The course must include all the topics as described for each subject under subsection (a)(5) of this section.

    (C)The total hours of credit to be awarded for the course must be equal to the hours required for each subject under subsection (b)(1)(B) of this section.

   (7)A course that combines more than one subject into a composite course may be approved by the commission to satisfy core course education requirements under Texas Occupations Code §§1102.108 and 1102.109; however, composite courses will not satisfy the additional education requirements to obtain a professional inspector license under Texas Occupations Code §1102.111 and subsection (b)(1)(B) of the section.

   (8)A course approved under subsection (a)(5) of this section may not be used more than once by an applicant to satisfy education course requirements under Texas Occupations Code §§1102.108 and 1102.109, and additional education course requirements under Texas Occupations Code §1102.111.

   (9)An applicant must not have completed more than one course with substantially the same course content within a two year period.

(b)Experience and additional education requirements.

  (1)An applicant may substitute the following experience or additional education in lieu of the number of real estate inspections required by [the Act] Chapter 1102, Texas Occupations Code and in lieu of the requirement that the applicant has previously been licensed for a specified time as an apprentice inspector or a real estate inspector:

    (A)For a real estate inspector license, the applicant must have completed at least 30 additional hours of core real estate inspection courses acceptable to the commission, with at least 10 hours of credit each for the structural, mechanical (including appliances, plumbing, and HVAC components) and electrical systems found in improvements to real property, or the applicant must provide documentation satisfactory to the commission to establish that the person has been licensed or registered at least three years as an architect, professional engineer, or engineer-in-training, or has at least five years of personal experience inspecting, installing, servicing, repairing or maintaining each of the structural, mechanical and electrical systems found in improvements to real property. Documentation of experience must include two reference letters [be in verified form and] from persons other than the applicant who have personal knowledge of the applicant's occupation and work.

    (B)Prior to January 1, 2005, for [For] a professional inspector license, the applicant must have completed at least 60 additional hours of core real estate inspection courses acceptable to the commission, with at least 20 hours of credit each for the structural, mechanical (including appliances, plumbing, and HVAC components) and electrical systems found in improvements to real property, or provide documentation satisfactory to the commission to establish that the person has been licensed or registered at least five years as an architect, professional engineer, or engineer-in-training, or has at least seven years of personal experience inspecting, installing, servicing, repairing or maintaining each of the structural, mechanical and electrical systems found in improvements to real property. Documentation of experience must be in verified form and from persons other than the applicant who have personal knowledge of the applicant's occupation and work.

     (C)Effective January 1, 2005, for a professional inspector license, the applicant must have completed at least 320 additional hours of education acceptable to the commission. The additional 320 education hours must include 45 hours in Foundation Systems, 40 hours in Roof Systems, 45 hours in Framing, 40 hours in Electrical Systems, 40 hours in HVAC Systems, 40 hours in plumbing, 20 hours in Building Enclosure, 10 hours in Appliances, 15 hours in Standards of Practice/Legal/Ethics,15 hours in Standard Report Form/Report Writing, and 10 hours of other approved courses or provide documentation satisfactory to the commission to establish that the person has been licensed or registered at least five years as an architect, professional engineer, or engineer-in-training, or has at least seven years of personal experience inspecting, installing, servicing, repairing or maintaining each of the structural, mechanical and electrical systems found in improvements to real property. Documentation of experience must include two reference letters from persons other than the applicant who have personal knowledge of the applicant's occupation and work.

  (2)(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 13, 2004

TRD-200401074

Loretta DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: April 4, 2004

For further information, please call: (512) 465-3900



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