(a)Scope.
(1)These standards of practice apply when a professional
inspector or real estate inspector who is licensed under this chapter
accepts employment to perform a real estate inspection for a prospective
buyer or seller of real property.
(2)These standards of practice define the minimum
requirements for a real estate inspection conducted on a one to four
family unity that is substantially completed. Substantially completed
means the stage of construction when a new building, addition, improvement,
or alteration to an existing building can be occupied or used for
its intended purpose.
(3)For the purposes of these standards of practice
a real estate inspection:
(A)is a limited visual survey and basic performance
evaluation of the systems and components of a building using normal
controls that provides information regarding the general condition
of a residence at the time of inspection.
(B)is not intended to be a comprehensive investigation
or exploratory probe to determine the cause of effect of deficiencies
noted by the inspector; and
(C)does not require the use of:
(i)specialized equipment, including but not limited
to:
(I)thermal imaging equipment;
(II)moisture meters;
(III)gas or carbon monoxide detection equipment;
(IV)environmental testing equipment and devices;
(V)elevation determination devices; or
(VI)ladders capable of reaching surfaces over one
story above ground surfaces; or
(ii)specialized procedures, including but not limited
to:
(I)environmental testing;
(II)elevation measurement;
(III)calculations; or any method employing destructive
testing that damages otherwise sound materials or finishes.
(4)These standards of practice do not prohibit an
inspector from providing a higher level of inspection performance
than required by these standards of practice or from inspecting components
and systems in addition to those listed under the standards of practice.
(b)[(a)] Definitions.
(1)Accessible--In the reasonable judgment of the inspector,
capable of being approached, entered, or viewed without:
(A)hazard to the inspector;
(B)having to climb over obstacles, moving furnishings
or large, heavy, or fragile objects;
(C)using specialized equipment or procedures;
(D)disassembling items other than covers or panels
intended to be removed for inspection;
(E)damaging property, permanent construction or building
finish; or
(F)using a ladder for portions of the inspection other
than the roof or attic space.
(2)Chapter 1102--Texas Occupations Code, Chapter 1102.
(3)Component--A part of a system.
(4)Cosmetic--Related only to appearance or aesthetics,
and not related to performance, operability, or water penetration.
(5)Deficiency--In the reasonable judgment of the inspector,
a condition that:
(A)adversely and materially affects the performance
of a system, or component; or
(B)constitutes a hazard to life, limb, or property
as specified by these standards of practice.
(6)Deficient--Reported as having one or more deficiencies.
(7)Inspect--To operate in normal ranges using ordinary
controls at typical settings, look at and examine accessible systems
or components and report observed deficiencies as specified by these
standards of practice.
(8)Performance--Achievement of an operation, function
or configuration relative to accepted industry standard practices
with consideration of age and normal wear and tear from ordinary use.
(9)Report--To provide the inspector's opinions and
findings on the standard inspection report form as required by §535.222
and §535.223 of this title.
[(10)Specialized equipment--Equipment
such as thermal imaging equipment, moisture meters, gas or carbon
monoxide detection equipment, environmental testing equipment and
devices, elevation determination devices, and ladders capable of reaching
surfaces over one story above ground surfaces.]
[(11)Specialized procedures--Procedures
such as environmental testing, elevation measurement, calculations
and any method employing destructive testing that damages otherwise
sound materials or finishes.]
(10)[(12)] Standards of practice--§§535.227
- 535.233 of this title.
[(13)Substantially completed--The
stage of construction when a new building, addition, improvement,
or alteration to an existing building is sufficiently complete that
the building, addition, improvement or alteration can be occupied
or used for its intended purpose.]
[(14)Technically Exhaustive--A comprehensive
investigation beyond the scope of a real estate inspection which would
involve determining the cause or effect of deficiencies, exploratory
probing or discovery, the use of specialized knowledge, equipment
or procedures.]
[(b)Scope.]
[(1)These standards of practice define the minimum
levels of inspection required for substantially completed residential
improvements to real property up to four dwelling units. A real estate
inspection is a non-technically exhaustive, limited visual survey
and basic performance evaluation of the systems and components of
a building using normal controls and does not require the use of specialized
equipment or procedures. The purpose of the inspection is to provide
the client with information regarding the general condition of the
residence at the time of inspection. The inspector may provide a higher
level of inspection performance than required by these standards of
practice and may inspect components and systems in addition to those
described by the standards of practice.]
(c)[(2)] General Requirements.
The inspector shall:
(1)[(A)] operate fixed or installed
equipment and appliances listed herein in at least one mode with ordinary
controls at typical settings;
(2)[(B)] visually inspect accessible
systems or components from near proximity to the systems and components,
and from the interior of the attic and crawl spaces; and
(3)[(C)] complete the standard
inspection report form as required by §535.222 and §535.223
of this title.
(d)[(3)] General limitations.
The inspector is not required to:
(1)[(A)] inspect:
(A)[(i)] items other than those
listed within these standards of practice;
(B)[(ii)] elevators;
(C)[(iii)] detached buildings,
decks, docks, fences, or waterfront structures or equipment;
(D)[(iv)] anything buried, hidden,
latent, or concealed;
(E)[(v)] sub-surface drainage
systems;
(F)[(vi)] automated or programmable
control systems, automatic shut-off, photoelectric sensors, timers,
clocks, metering devices, signal lights, lightning arrestor system,
remote controls, security or data distribution systems, solar panels
or smart home automation components; or
(G)[(vii)] concrete flatwork
such as driveways, sidewalks, walkways, paving stones or patios;
(2)[(B)] report:
(A)[(i)] past repairs that appear
to be effective and workmanlike except as specifically required by
these standards;
(B)[(ii)] cosmetic or aesthetic
conditions; or
(C)[(iii)] wear and tear from
ordinary use;
(3)[(C)] determine:
[(i)insurability, warrantability,
suitability, adequacy, compatibility, capacity, reliability, marketability,
operating costs, recalls, counterfeit products, product lawsuits,
life expectancy, age, energy efficiency, vapor barriers, thermostatic
performance, compliance with any code, listing, testing or protocol
authority, utility sources, or manufacturer or regulatory requirements
except as specifically required by these standards;]
(A)[(ii)] the presence or absence
of pests, termites, or other wood-destroying insects or organisms;
(B)[(iii)] the presence, absence,
or risk of: [asbestos, lead-based paint, mold, mildew,
corrosive or contaminated drywall "Chinese Drywall" or any other environmental
hazard, environmental pathogen, carcinogen, toxin, mycotoxin, pollutant,
fungal presence or activity, or poison;]
(i)asbestos;
(ii)lead-based paint;
(iii)mold, mildew;
(iv)corrosive or contaminated drywall
"Chinese Drywall"; or
(v)any other environmental hazard,
environmental pathogen, carcinogen, toxin, mycotoxin, pollutant, fungal
presence or activity, or poison;
(C)[(iv)] types of wood or preservative
treatment and fastener compatibility; or
(D)[(v)] the cause or source
of a condition;
(E)the cause or effect of deficiencies;
(F)any of the following issues concerning
a system or component:
(i)insurability or warrantability;
(ii)suitability, adequacy, compatibility, capacity,
reliability, marketability, or operating costs;
(iii)recalls, counterfeit products, or product lawsuits;
(iv)life expectancy or age;
(v)energy efficiency, vapor barriers, or thermostatic
performance;
(vi)compliance with any code, listing, testing or
protocol authority;
(vii)utility sources; or
(viii)manufacturer or regulatory requirements, except
as specifically required by these standards;
(4)[(D)] anticipate future events
or conditions, including but not limited to:
(A)[(i)] decay, deterioration,
or damage that may occur after the inspection;
(B)[(ii)] deficiencies from
abuse, misuse or lack of use;
(C)[(iii)] changes in performance
of any component or system due to changes in use or occupancy;
(D)[(iv)] the consequences of
the inspection or its effects on current or future buyers and sellers;
(E)[(v)] common household accidents,
personal injury, or death;
(F)[(vi)] the presence of water
penetrations; or
(G)[(vii)] future performance
of any item;
(5)[(E)] operate shut-off, safety,
stop, pressure or pressure-regulating valves or items requiring the
use of codes, keys, combinations, or similar devices;
(6)[(F)] designate conditions
as safe;
(7)[(G)] recommend or provide
engineering, architectural, appraisal, mitigation, physical surveying,
realty, or other specialist services;
(8)[(H)] review historical records,
installation instructions, repair plans, cost estimates, disclosure
documents, or other reports;
(9)[(I)] verify sizing, efficiency,
or adequacy of the ground surface drainage system;
(10)[(J)] verify sizing, efficiency,
or adequacy of the gutter and downspout system;
(11)[(K)] operate recirculation
or sump pumps;
(12)[(L)] remedy conditions
preventing inspection of any item;
(13)[(M)] apply open flame or
light a pilot to operate any appliance;
(14)[(N)] turn on decommissioned
equipment, systems or utility services; or
(15)[(O)] provide repair cost
estimates, recommendations, or re-inspection services.
(e)[(4)] In the event of a conflict
between the [specific provisions and] general
provisions set out in this section, and the specific provisions
specified elsewhere in the standards of practice, specific provisions
shall take precedence.
(f)[(5)] Departure provision.
(1)[(A)] An inspector may depart
from the inspection of a component or system required by the standards
of practice only if:
(A)[(i)] the inspector and client
agree the item is not to be inspected;
(B)[(ii)] the inspector is not
qualified to inspect the item;
(C)[(iii)] in the reasonable
judgment of the inspector, the inspector determines that: [
conditions exist that prevent inspection of an item;]
(i)conditions exist that prevent
inspection of an item;
(ii)conditions or materials are hazardous
to the health or safety of the inspector; or
(iii)the actions of the inspector
may cause damage to the property;
(D)[(iv)] the item is a common
element of a multi-family development and is not in physical contact
with the unit being inspected, such as the foundation under another
building or a part of the foundation under another unit in the same
building.[;]
[(v)the inspector reasonably determines
that conditions or materials are hazardous to the health or safety
of the inspector; or]
[(vi)in the reasonable judgment of
the inspector, the actions of the inspector may cause damage to the
property.]
(2)[(B)] If an inspector departs
from the inspection of a component or system required by the standards
of practice, the inspector shall:
(A)[(i)] notify the client at
the earliest practical opportunity that the component or system will
not be inspected; and
(B)[(ii)] make an appropriate
notation on the inspection report form, stating the reason the component
or system was not inspected.
(3)[(C)] If the inspector routinely
departs from inspection of a component or system required by the standards
of practice, and the inspector has reason to believe that the property
being inspected includes that component or system, the earliest practical
opportunity for the notice required by this subsection is the first
contact the inspector makes with the prospective client.
(g)[(c)] Enforcement. Failure
to comply with the standards of practice is grounds for disciplinary
action as prescribed by Chapter 1102.
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 May 3, 2016
TRD-201602112 Kristen Worman
Deputy General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 19, 2016
For further information, please call: (512) 936-3093
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