Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.212Education and Experience for an Inspector License
ISSUE 10/26/2007
ACTION Proposed
Preamble No Rule Available

(a)(No change.)

(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 Chapter 1102, Texas Occupations Code, (Chapter 1102) 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)To meet the additional education and experience requirements in connection with an application for a license as a real estate inspector:

      (i)Actively practicing licensed or registered architects, professional engineers, or engineer-in-trainings meet some of the education requirements by taking 8 hours in Standards of Practice/Legal/Ethics and 8 hours in Standard Report Form/Report Writing from an approved education provider. They meet the other education requirements by virtue of meeting the education requirements for obtaining and maintaining their licenses as architects or engineers. They meet the experience requirement through two years of active practice under their respective license or registration.

      (ii)Persons other than those described in clause (i) of this subparagraph may meet the education requirement by completing 30 additional education hours acceptable to the commission. The additional 30 education hours must include foundation systems, roof systems, framing, electrical systems, HVAC systems, plumbing, building enclosures, and appliances.

      (iii)Persons other those described in clause (i) of this subparagraph may meet the experience requirement by either completing an approved experience training module of at least 60 hours from an approved education provider; accompanying a licensed professional inspector for at least 60 hours on actual inspections and related work and having that licensed professional inspector certify such attendance; or by having at least three years of personal experience in a field directly related to home inspecting, including but not limited to installing, servicing, repairing or maintaining 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.

     (B)To meet the additional education and experience requirements in connection with an application for a license as a professional inspector:

      (i)Actively practicing licensed or registered architects, professional engineers, or engineer-in-trainings meet some of the education requirements by taking 8 hours in Standards of Practice/Legal/Ethics and 8 hours in Standard Report Form/Report Writing from an approved education provider. They meet the other education requirements by virtue of meeting the education requirements for obtaining and maintaining their licenses as architects or engineers. They meet the experience requirement through three years of active practice under their respective license or registration.

      (ii)Persons other than those described in clause (i) of this subparagraph may meet the education requirement by completing 200 additional education hours acceptable to the commission. The additional 200 education hours must include 30 hours in Foundation Systems, 25 hours in Roof Systems, 30 hours in Framing, 25 hours in Electrical Systems, 25 hours in HVAC Systems, 25 hours in plumbing, 12 hours in Building Enclosure, 6 hours in Appliances, 8 hours in Standards of Practice/Legal/Ethics, 8 hours in Standard Report Form/Report Writing, and 6 hours of other approved courses.

      (iii)Persons other those described in clause (i) of this subparagraph may meet the experience requirement by either completing an approved experience training module of at least 120 hours from an approved education provider; accompanying a licensed professional inspector for at least 120 hours on actual inspections and related work and having that licensed professional inspector certify such attendance; or by having at least five years of personal experience in a field directly related to home inspecting, including but not limited to installing, servicing, repairing or maintaining 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.

      (iv)Not more than two persons may accompany a licensed professional inspector on actual inspections to meet the experience requirement of Texas Occupations Code, §1102.111(a).

     (C)Persons other than those described in subparagraphs (A)(i) and (B)(i) of this paragraph who, prior to September 1, 2007, were also enrolled in and attending an educational program that met the requirements of Texas Occupations Code, §1102.111 in effect prior to September 1, 2007, may meet the experience requirement by successfully completing that program if it includes in its curriculum applied teaching that includes an experience segment in a lab or simulator environment, actual on-site inspections, or a similar setting that provides direct experience with the inspection of those systems covered in the course and the use of the basic inspection-related tools. The education provider offering the program must confirm to commission staff, in writing, that the program includes such an experience segment. This subparagraph expires automatically and may not be relied upon for any license application made after January 1, 2008.

     [(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 from persons other than the applicant who have personal knowledge of the applicant's occupation and work.]

     [(B)Prior to January 1, 2005, 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 October 15, 2007

TRD-200704873

Loretta R. DeHay

General Counsel and Assistant Administrator

Texas Real Estate Commission

Earliest possible date of adoption: November 25, 2007

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



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