Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.212Education and Experience Requirements for a License
ISSUE 12/12/2014
ACTION Proposed
Preamble No Rule Available

(a) - (e)(No change.)

(f)Effective January 1, 2014, a person may satisfy the substitute experience requirements for licensure as a real estate inspector pursuant to subsection (a)(2) of this section as follows:

  (1)A person who does not have two years of experience as an architect, engineer, or engineer-in-training must:

    (A)complete a total of 32 additional hours of core inspection coursework, which must include the following:

      (i)8 hours in Texas Standard Report Form/Report Writing;

      (ii)8 hours in Texas Standards of Practice/Legal/Ethics Update as defined in §535.218 of this title;

      (iii)16 hours in any core inspection subject(s); and

    (B)either:

      (i)complete 20 hours of field work through ride along inspection course sessions as defined in §535.218 of this title, except there may be up to 10 students per session and 12 hours of an approved [classroom or alternative delivery] interactive experience training module;

      (ii)complete 8 hours of field work through ride along inspection course sessions as defined in §535.218 of this title, except there may be up to 10 students per session [Commission approved live interactive webinar sessions that meet all the requirements of a ride along inspection course session as defined in §535.218 of this title, except participation is via the internet and there may be up to 20 students per session,] and 30 [40] hours of an approved [classroom or alternative delivery] interactive experience training module;

      (iii)upon delivery of a Commission approved affidavit form that the applicant is unable to reasonably complete clause (i) or (ii) of this subparagraph, complete 60 hours of an approved interactive experience training module presented by a licensed professional inspector; or

      (iv)have three years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property and provide two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience.

  (2)A person who has at least two years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training must:

    (A)complete a total of 16 additional hours of core inspection coursework, which must include the following:

      (i)8 hours in Texas Standard Report Form/Report Writing; and

      (ii)8 hours in Texas Standards of Practice/Legal/Ethics Update; and

    (B)submit a license history from the regulatory agency that issued the license or registration documenting the period of practice as a licensed or registered architect, professional engineer, or engineer-in-training.

  (3)Subsection (f)(1)(B)(iii) of this section will only be accepted to satisfy the substitute experience requirement if completed prior to March 1, 2015.

(g)Effective January 1, 2014, a person may satisfy the substitute experience requirements for licensure as a professional inspector pursuant to subsection (a)(2) of this section as follows:

  (1)A person who does not have three years of experience as an architect, engineer, or engineer-in-training must:

    (A)complete a total of 200 additional hours of core inspection coursework, which must include the following:

      (i)30 hours in foundations;

      (ii)30 hours in framing;

      (iii)24 hours in building enclosure;

      (iv)24 hours in roof systems;

      (v)16 hours in plumbing systems;

      (vi)24 hours in electrical systems;

      (vii)24 hours in heating, ventilation, and air conditioning systems;

      (viii)6 hours in appliances;

      (ix)8 hours in Standards of Practice/Legal/Ethics Update as defined in §535.218 of this title;

      (x)8 hours in Standard Report Form/Report writing; and

      (xi)6 hours in any core inspection subject(s); and

    (B)either:

      (i)complete 40 hours of field work through ride along inspection course sessions as defined in §535.218 of this title, except there may be up to 10 students per session and 24 hours of an approved [classroom or alternative delivery] interactive experience training module;

      (ii)complete 16 hours of field work through ride along inspection course sessions as defined in §535.218 of this title, except there may be up to 10 students per session [Commission approved live interactive webinar sessions that meet all the requirements of a ride along inspection course session as defined in §535.218 of this title, except participation is via the internet and there may be up to 20 students per session,] and 60 [80] hours of an approved [classroom or alternative delivery] interactive experience training module;

      (iii)upon delivery of a Commission approved affidavit form that the applicant is unable to reasonably complete clause (i) or (ii) of this subparagraph, complete 120 hours of an approved interactive experience training module presented by a licensed professional inspector; or

      (iv)have five years of experience in a field directly related to home inspection, including but not limited to installing, servicing, repairing or maintaining the structural, mechanical and electrical systems found in improvements to real property, and provide two affidavits from persons who have personal knowledge of the applicant's work, detailing the time and nature of the applicant's relevant experience.

  (2)A person who has at least three years of experience as an active practicing licensed or registered architect, professional engineer, or engineer-in-training must:

    (A)complete a total of 16 additional hours of core inspection coursework, which must include the following:

      (i)8 hours in Texas Standard Report Form/Report Writing; and

      (ii)8 hours in Texas Standards of Practice/Legal/Ethics Update as defined in §535.218 of this title; and

    (B)submit a license history from the regulatory agency that issued the license or registration documenting the period of practice as a licensed or registered architect, professional engineer, or engineer-in-training.

  (3)Subsection (g)(1)(B)(iii) of this section will only be accepted to satisfy the substitute experience requirement if completed prior to March 1, 2016 [2015].

(h)For purposes of this section:[,]

  (1)"core inspection coursework" means course work on the subject matters listed in §535.213(e) of this title ; and [(relating to Approval of Core Courses in Real Estate Inspection).]

   (2)"interactive experience training module" means education that provides regular and substantive interaction between the students and the instructor, either synchronously or asynchronously, and is delivered:

    (A)in-person to students in the classroom; or

    (B)through the use of one or more of the following technologies:

      (i)the internet;

      (ii)one-way and two-way transmissions through open broadcast, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communications devices;

      (iii)audio conferencing; or

      (iv)video cassettes, DVDs, and CD-ROMs, if the cassettes, DVDs, or CD-ROMs are used in a course in conjunction with any of the technologies listed in subparagraph (B)(i) through (iii) of this paragraph.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on November 25, 2014

TRD-201405683

Kristen Worman

Deputy General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: January 11, 2015

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



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