Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.230Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems
ISSUE 05/24/2013
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Heating equipment. The inspector shall:

  (1)report:

    (A)the type of heating systems;

    (B)the energy sources;

  (2)report as Deficient:

    (A)inoperative units;

    (B)deficiencies in the thermostats;

    (C)inappropriate location;

    (D)the lack of protection from physical damage;

    (E)burners, burner ignition devices or heating elements, switches, and thermostats that are not a minimum of 18 inches above the lowest garage floor elevation, unless the unit is listed for garage floor installation;

    (F)the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;

    (G)when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement;

    (H)deficiencies in mounting and performance of window and wall units;

    (I)in electric units, deficiencies in:

      (i)performance of heat pumps;

      (ii)performance of heating elements; and

      (iii)condition of conductors; and

    (J)in gas units:

      (i)gas leaks;

      (ii)flame impingement, uplifting flame, improper flame color, or excessive scale buildup;

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

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

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

      (vi)deficiencies in:

        (I)combustion, and dilution air;

        (II)gas shut-off valves;

        (III)access to a gas shutoff valves that prohibits full operation;

        (IV)gas appliance connector materials; and

        (V)the vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances; and

(b)Cooling equipment other than evaporative coolers. The inspector shall:

  (1)report the type of systems;

  (2)report as Deficient:

    (A)inoperative units;

    (B)inadequate cooling as demonstrated by its performance;

    (C)the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;

    (D)when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement;

    (E)noticeable vibration of blowers or fans;

    (F)water in the auxiliary/secondary drain pan;

    (G)a primary drain pipe that discharges in a sewer vent;

    (H)missing or deficient refrigerant pipe insulation;

    (I)dirty coils, where accessible;

    (J)condensing units lacking adequate clearances or air circulation or that has deficiencies in the fins, location, levelness, or elevation above grade surfaces;

    (K)deficiencies in:

      (i)the condensate drain and auxiliary/secondary pan and drain system;

      (ii)mounting and performance of window or wall units; and

      (iii)thermostats.

(c)Evaporative coolers. The inspector shall:

  (1)report:

    (A)type of systems;

    (B)the type of water supply line;

  (2)report as Deficient:

    (A)inoperative units;

    (B)inadequate access and clearances;

    (C)deficiencies in performance or mounting;

    (D)missing or damaged components;

    (E)the presence of active water leaks; and

    (F)the absence of backflow prevention.

(d)Duct systems, chases, and vents. The inspector shall report as Deficient:

  (1)damaged duct systems or improper material;

  (2)damaged or missing duct insulation;

  (3)the absence of air flow at accessible supply registers;

  (4)the presence of gas piping and sewer vents concealed in ducts, plenums and chases;

  (5)ducts or plenums in contact with earth; and

  (6)deficiencies in:

    (A)filters;

    (B)grills or registers; and

    (C)the location of return air openings.

(e)The inspector is not required to:

  (1)program digital thermostats or controls;

  (2)inspect:

    (A)for pressure of the system refrigerant, type of refrigerant, or refrigerant leaks;

    (B)winterized or decommissioned equipment; or

    (C)duct fans, humidifiers, dehumidifiers, air purifiers, motorized dampers, electronic air filters, multi-stage controllers, sequencers, heat reclaimers, wood burning stoves, boilers, oil-fired units, supplemental heating appliances, de-icing provisions, or reversing valves;

  (3)operate:

    (A)setback features on thermostats or controls;

    (B)cooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit;

    (C)radiant heaters, steam heat systems, or unvented gas-fired heating appliances; or

    (D)heat pumps, in the heat pump mode, when the outdoor temperature is above 70 degrees;

  (4)verify:

    (A)compatibility of components;

    (B)tonnage match of indoor coils and outside coils or condensing units;

    (C)the accuracy of thermostats; or

    (D)the integrity of the heat exchanger; or

  (5)determine:

    (A)sizing, efficiency, or adequacy of the system;

    (B)balanced air flow of the conditioned air to the various parts of the building; or

    (C)types of materials contained in insulation.

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 May 13, 2013

TRD-201301945

Kerri Lewis

Deputy General Counsel

Texas Real Estate Commission

Effective date: January 1, 2014

Proposal publication date: March 1, 2013

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



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