Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.232Standards of Practice: Minimum Inspection Requirements for Appliances
ISSUE 11/23/2012
ACTION Proposed
Rule Withdrawn: 02/12/2013
Preamble Texas Admin Code Rule

(a)Dishwashers. The inspector shall report as Deficient:

  (1)inoperative units;

  (2)deficiencies in performance or mounting;

  (3)rusted, missing or damaged components;

  (4)the presence of active water leaks; and

  (5)the absence of backflow prevention.

(b)Food waste disposers. The inspector shall report as Deficient:

  (1)inoperative units;

  (2)deficiencies in performance or mounting;

  (3)missing or damaged components; and

  (4)the presence of active water leaks.

(c)Range hoods and exhaust systems. The inspector shall report as Deficient:

  (1)inoperative units;

  (2)deficiencies in performance or mounting;

  (3)missing or damaged components;

  (4)ducts that do not terminate outside the building, if the unit is not of a re-circulating type or configuration; and

  (5)improper duct material.

(d)Electric or gas ranges, cooktops, and ovens. The inspector shall report as Deficient:

  (1)inoperative units;

  (2)missing or damaged components;

  (3)combustible material within thirty inches above the cook top burners;

  (4)absence of an anti-tip device, if applicable;

  (5)gas leaks;

  (6)the absence of a gas shut-off valve within six feet of the appliance;

  (7)the absence of a gas appliance connector or one that exceeds six feet in length;

  (8)gas appliance connectors that are concealed within or extended through walls, floors, partitions, ceilings or appliance housings; and

  (9)deficiencies in:

    (A)thermostat accuracy (within 25 degrees at a setting of 350 degrees F);

    (B)mounting and performance;

    (C)gas shut-off valves;

    (D)access to a gas shut-off valves that prohibits full operation; and

    (E)gas appliance connector materials.

(e)Microwave ovens. The inspector shall inspect built-in units and report as Deficient:

  (1)inoperative units;

  (2)deficiencies in performance or mounting; and

  (3)missing or damaged components.

(f)Mechanical exhaust systems and bathroom heaters. The inspector shall report as Deficient:

  (1)inoperative units;

  (2)deficiencies in performance or mounting;

  (3)missing or damaged components;

  (4)ducts that do not terminate outside the building; and

  (5)a gas heater that is not vented to the exterior of the building unless the unit is listed as an unvented type.

(g)Garage door operators. The inspector shall report as Deficient:

  (1)inoperative units;

  (2)deficiencies in performance or mounting;

  (3)missing or damaged components;

  (4)installed photo electric sensors located more than six inches above the garage floor; and

  (5)door locks or side ropes that have not been removed or disabled.

(h)Dryer exhaust systems. The inspector shall report as Deficient:

  (1)missing or damaged components;

  (2)the absence of a dryer exhaust system when provisions are present for a dryer;

  (3)ducts that do not terminate to the outside of the building;

  (4)screened terminations; and

  (5)ducts that are not made of metal with a smooth interior finish.

(i)The inspector is not required to:

  (1)operate or determine the condition of other auxiliary components of inspected items;

  (2)test for microwave oven radiation leaks;

  (3)inspect self-cleaning functions;

  (4)disassemble appliances;

  (5)determine the adequacy of venting systems; or

  (6)determine proper routing and lengths of duct systems.

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 November 9, 2012

TRD-201205834

Kerri T. Galvin

Deputy General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: December 23, 2012

For further information, please call: (512) 936-3092



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