Texas Register

TITLE 22 EXAMINING BOARDS
PART 23REAL ESTATE INSPECTORS
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.233Standards of Practice: Minimum Inspection Requirements for Optional Systems
ISSUE 11/14/2008
ACTION Final/Adopted
Preamble Texas Admin Code Rule

If an inspector agrees to inspect a component described in this section, §535.227 of this title (relating to Standards of Practice: General Provisions) and the applicable provisions below apply.

  (1)Lawn and garden sprinkler systems. The inspector shall:

    (A)manually operate all zones or stations on the system; and

    (B)report as Deficient:

      (i)surface water leaks;

      (ii)the absence or improper installation of anti-siphon devices and backflow preventers;

      (iii)the absence of shut-off valves;

      (iv)deficiencies in water flow or pressure at the zone heads;

      (v)the lack of a rain or freeze sensor;

      (vi)deficiencies in the condition of the control box; and

      (vii)deficiencies in the operation of each zone, associated valves, and spray head patterns.

  (2)Specific limitations for lawn and garden sprinkler systems. The inspector is not required to inspect:

    (A)for effective coverage of the sprinkler system;

    (B)the automatic function of the timer or control box;

    (C)the effectiveness of the rain or freeze sensor; or

    (D)sizing and effectiveness of anti-siphon devices or backflow preventers.

  (3)Swimming pools, spas, hot tubs, and equipment. The inspector shall:

    (A)report the type of construction;

    (B)report as Deficient:

      (i)a pump motor, blower, or other electrical equipment that lacks bonding;

      (ii)the absence of or deficiencies in safety barriers;

      (iii)water leaks in above-ground pipes and equipment;

      (iv)deficiencies in lighting fixture(s);

      (v)the lack or failure of required ground-fault circuit interrupter protection; and

      (vi)deficiencies in:

        (I)surfaces;

        (II)tiles, coping, and decks;

        (III)slides, steps, diving boards, handrails, and other equipment;

        (IV)drains, skimmers, and valves; and

        (V)filters, gauges, pumps, motors, controls, and sweeps; and

    (C)when inspecting a pool heater, report deficiencies that these standards of practice require to be reported for the heating system.

  (4)Specific limitations for swimming pools, spas, hot tubs, and equipment. The inspector is not required to:

    (A)dismantle or otherwise open any components or lines;

    (B)operate valves;

    (C)uncover or excavate any lines or concealed components of the system or determine the presence of sub-surface leaks;

    (D)fill the pool, spa, or hot tub with water;

    (E)inspect any system that has been winterized, shut down, or otherwise secured;

    (F)determine the presence of sub-surface water tables; or

    (G)inspect ancillary equipment such as computer controls, covers, chlorinators or other chemical dispensers, or water ionization devices or conditioners other than required by this section.

  (5)Outbuildings. The inspector shall report as Deficient:

    (A)the lack of ground-fault circuit interrupter protection in grade-level portions of unfinished accessory buildings used for storage or work areas, boathouses, and boat hoists; and

    (B)deficiencies in the structural, electrical, plumbing, heating, ventilation, and cooling systems that these standards of practice require to be reported for the principal structure.

  (6)Outdoor cooking equipment. The inspector shall:

    (A)inspect the built-in equipment; and

    (B)report the energy source; and

    (C)report as Deficient:

      (i)inoperative unit(s);

      (ii)a unit or pedestal that is not stable;

      (iii)gas leaks; and

      (iv)deficiencies in:

        (I)operation;

        (II)control knobs, handles, burner bars, grills, the box, the rotisserie (if present), and heat diffusion material;

        (III)gas shut-off valve(s) and location(s); and

        (IV)gas connector materials and connections.

  (7)Gas supply systems. The inspector shall:

    (A)test gas lines using a local or an industry-accepted procedure; and

    (B)report as Deficient:

      (i)leaks; and

      (ii)deficiencies in the condition and type of gas piping, fittings, and valves.

  (8)Specific limitation for gas lines. The inspector is not required to inspect sacrificial anode bonding or for its existence.

  (9)Private water wells. The inspector shall:

    (A)operate at least two fixtures simultaneously;

    (B)recommend or arrange to have performed water quality or potability testing;

    (C)report:

      (i)the type of pump and storage equipment; and

      (ii)the proximity of any known septic system; and

    (D)report as Deficient deficiencies in:

      (i)water pressure and flow and operation of pressure switches;

      (ii)the condition of visible and accessible equipment and components; and

      (iii)the well head, including improper site drainage and clearances.

  (10)Specific limitations for private water wells. The inspector is not required to:

    (A)open, uncover, or remove the pump, heads, screens, lines, or other components or parts of the system;

    (B)determine the reliability of the water supply or source; or

    (C)locate or verify underground water leaks.

  (11)Private sewage disposal (septic) systems. The inspector shall:

    (A)report:

      (i)the type of system;

      (ii)the location of the drain field; and

      (iii)the proximity of any known water wells, underground cisterns, water supply lines, bodies of water, sharp slopes or breaks, easement lines, property lines, soil absorption systems, swimming pools, or sprinkler systems; and

    (B)report as Deficient:

      (i)visual or olfactory evidence of effluent seepage or flow at the surface of the ground;

      (ii)inoperative aerators or dosing pumps; and

      (iii)deficiencies in:

        (I)accessible or visible components;

        (II)functional flow;

        (III)site drainage and clearances around or adjacent to the system; and

        (IV)the aerobic discharge system.

  (12)Specific limitations for individual private sewage disposal (septic) systems. The inspector is not required to:

    (A)excavate or uncover the system or its components;

    (B)determine the size, adequacy, or efficiency of the system; or

    (C)determine the type of construction used.

  (13)Whole-house vacuum system. The inspector shall report as Deficient:

    (A)inoperative units;

    (B)deficiencies in the main unit; and

    (C)deficiencies in outlets.

  (14)Specific limitations for whole-house vacuum systems. The inspector is not required to:

    (A)inspect the attachments or hoses; or

    (B)verify that accessory components are present.

  (15)Other built-in appliances. The inspector shall report deficiencies in condition or operation of other built-in appliances not listed in this section.

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 November 3, 2008

TRD-200805777

Devon V. Bijansky

Assistant General Counsel

Texas Real Estate Commission

Effective date: February 1, 2009

Proposal publication date: September 5, 2008

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



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