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 12/28/2007
ACTION Final/Adopted
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) 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)The student was present in the classroom for the hours of credit granted by the course provider, or completed makeup in accordance with the requirements of the provider, or by applicable commission rule.

    (C)Successful completion of a final examination or other form of final evaluation was a requirement for receiving credit from the provider.

    (D)The daily course presentation did not exceed ten hours.

    (E)The course was offered by one of the following providers:

      (i)a school accredited by the commission;

      (ii)a school accredited by an inspector regulatory agency of another state;

      (iii)a college or university accredited by a regional accrediting association, such as the Commission on Colleges of the Southern Association of Colleges and Schools, or its equivalent, or by a recognized national or international accrediting body;

      (iv)a unit of federal, state or local government;

      (v)a nationally recognized building, electrical, plumbing, mechanical or fire code organization;

      (vi)a professional trade association; or

      (vii)an entity whose courses are approved and regulated by an agency of this state.

  (2)The term "code organization" means a non-profit organization whose members develop and advocate scientifically based codes and standards relating to one or more of the systems found in an improvement to real estate. The term "professional trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional competitors that is designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting the common interest of its members.

  (3)Except as provided to the contrary by this section, the review and acceptance of correspondence courses or courses offered by alternative delivery systems such as computers will be conducted in the manner prescribed by §535.62 of this title (relating to Acceptable Courses of Study). Correspondence courses are acceptable only if offered by an accredited college or university.

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

    (A)a course description, including the number of hours of credit to be awarded;

    (B)a timed course outline;

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

    (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

      (vi)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.

    (D)A classroom course may include up to 10% of classroom time on site for appropriate field work relevant to the course topic. Such field work may not be included as part of correspondence or alternative delivery courses.

  (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 and 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 who is approved to be a sponsor under Texas Occupations Code §1102.113 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 who is approved to be a sponsor under Texas Occupations Code §1102.113 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 who is qualified to be a sponsor under Texas Occupations Code §1102.113 on actual inspections to meet the experience requirement of §1102.111(a).

    (C)Persons other than those described in subparagraphs (A)(i) and (B)(i) 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 (C) of this paragraph expires automatically and may not be relied upon for any license application made after January 1, 2008.

  (2)For the purpose of measuring the number of inspections required to receive a license or to sponsor apprentice inspectors or real estate inspectors, the commission will consider an improvement to real property to be any unit which is capable of being separately rented, leased or sold. Subject to the following restrictions, an inspection of an improvement to real property which includes the structural and equipment/systems of the unit will constitute a single inspection.

    (A)Half credit will be given for an inspection limited to structural components only or to equipment/systems only.

    (B)No more than 80% of the inspections for which experience credit is given may be limited to structural components only or to equipment/systems components only.

    (C)A report which covers two or more improvements will be considered a single inspection.

    (D)Real estate inspectors and professional inspectors may not receive experience credit for an inspection performed by an apprentice under their supervision.

    (E)The commission may not give experience credit to the same applicant or professional inspector for more than three complete or six partial inspections per day. No more than three applicants may receive credit for the inspection of the same unit within a 30 day period, and no more than three apprentice inspectors may receive credit for an inspection of the same unit on the same day.

    (F)For the purpose of satisfying any requirement that a license be held for a period of time prior to an applicant's being eligible for a license as a real estate inspector or professional inspector, the commission may not give credit for periods in which a license was on inactive status. An applicant for a real estate inspector license must have been licensed on active status for a total of at least three months within the 12 month period prior to the filing of the application. An applicant for a professional inspector license must have been licensed on active status for a total of at least 12 months within the 24 month period prior to the filing of the application.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 10, 2007

TRD-200706265

Loretta R. DeHay

Assistant Administrator and General Counsel

Texas Real Estate Commission

Effective date: December 30, 2007

Proposal publication date: October 26, 2007

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



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