(a)Foundations. [The inspector shall:]
(1)The inspector shall:
(A)[(1)] render a written opinion
as to the performance of the foundation; and
(B)[(2)] report:
(i)[(A)] the type of foundations;
(ii)[(B)] the vantage point
from which the crawl space was inspected;
(C)[(3)] generally report present
and visible indications used to render the opinion of adverse performance,
such as:
(i)[(A)] binding, out-of-square,
non-latching doors;
(ii)[(B)] framing or frieze
board separations;
(iii)[(C)] sloping floors;
(iv)[(D)] window, wall, floor,
or ceiling cracks or separations; and
(v)[(E)] rotating, buckling,
cracking, or deflecting masonry cladding.
(D)[(4)] report as Deficient:
(i)[(A)] deteriorated materials;
(ii)[(B)] deficiencies in foundation
components such as; beams, joists, bridging, blocking, piers, posts,
pilings, columns, sills or subfloor;
(iii)[(C)] deficiencies in retaining
walls related to foundation performance;
(iv)[(D)] exposed or damaged
reinforcement;
(v)[(E)] crawl space ventilation
that is not performing; and
(vi)[(F)] crawl space drainage
that is not performing.
(2)[(5)] The inspector is not
required to:
(A)enter a crawl space or any area where headroom
is less than 18 inches or the access opening is less than 24 inches
wide and 18 inches high;
(B)provide an exhaustive list of indicators of possible
adverse performance; or
(C)inspect retaining walls not related to foundation
performance.
(b)Grading and drainage. [The inspector shall:]
(1)The inspector shall report as Deficient:
(A)drainage around the foundation that is not performing;
(B)deficiencies in grade levels around the foundation;
and
(C)deficiencies in installed gutter and downspout
systems.
(2)The inspector is not required to:
(A)inspect flatwork or detention/retention ponds (except
as related to slope and drainage);
(B)determine area hydrology or the presence of underground
water; or
(C)determine the efficiency or performance of underground
or surface drainage systems.
(c)Roof covering materials. [The inspector shall:]
(1)The inspector shall:
(A)[(1)] inspect the roof covering
materials from the surface of the roof;
(B)[(2)] report:
(i)[(A)] type of roof coverings;
(ii)[(B)] vantage point from
where the roof was inspected;
(iii)[(C)] evidence of water
penetration;
(iv)[(D)] evidence of previous
repairs to the roof covering material, flashing details, skylights
and other roof penetrations; and
(C)[(3)] report as Deficient
deficiencies in:
(i)[(A)] fasteners;
(ii)[(B)] adhesion;
(iii)[(C)] roof covering materials;
(iv)[(D)] flashing details;
(v)[(E)] skylights; and
(vi)[(F)] other roof penetrations.
(2)[(4)] The inspector is not
required to:
[(A)determine the remaining life
expectancy of the roof covering;]
(A)[(B)] inspect the roof from
the roof level if, in the inspector's reasonable judgment:[
, the inspector cannot safely reach or stay on the roof or significant
damage to the roof covering materials may result from walking on the
roof;]
(i)the inspector cannot safely reach
or stay on the roof; or
(ii)significant damage to the roof
covering materials may result from walking on the roof;
(B)[(C)] determine:
(i)the remaining life expectancy
of the roof covering; or
(ii)the number of layers of roof covering
material;
(C)[(D)] identify latent hail
damage;
(D)[(E)] exhaustively examine
all fasteners and adhesion, or
(E)[(F)] provide an exhaustive
list of locations of deficiencies and water penetrations.
(d)Roof structures and attics. [The inspector
shall:]
(1)The inspector shall:
(A)[(1)] report:
(i)[(A)] the vantage point from
which the attic space was inspected;
(ii)[(B)] approximate average
depth of attic insulation;
(iii)[(C)] evidence of water
penetration;
(B)[(2)] report as Deficient:
(i)[(A)] attic space ventilation
that is not performing;
(ii)[(B)] deflections or depressions
in the roof surface as related to adverse performance of the framing
and decking;
(iii)[(C)] missing insulation;
(iv)[(D)] deficiencies in:
(I)[(i)] installed framing members
and decking;
(II)[(ii)] attic access ladders
and access openings; and
(III)[(iii)] attic ventilators.
(2)[(3)] The inspector is not
required to:
(A)enter attics or unfinished spaces where openings
are less than 22 inches by 30 inches or headroom is less than 30 inches;
(B)operate powered ventilators; or
(C)provide an exhaustive list of locations of deficiencies
and water penetrations.
(e)Interior walls, ceilings, floors, and doors. [The
inspector shall:]
(1)The inspector shall:
(A)[(1)] report evidence of
water penetration;
(B)[(2)] report as Deficient:
(i)[(A)] deficiencies in the
condition and performance of doors and hardware;
(ii)[(B)] deficiencies related
to structural performance or water penetration; and
(iii)[(C)] the absence of or
deficiencies in fire separation between the garage and the living
space and between the garage and its attic.
(2)[(3)] The inspector is not
required to:
(A)report cosmetic damage or the condition of floor,
wall, or ceiling coverings; paints, stains, or other surface coatings;
cabinets; or countertops, or
(B)provide an exhaustive list of locations of deficiencies
and water penetrations.
(f)Exterior walls, doors, and windows. [The inspector
shall:]
(1)The inspector shall:
(A)[(1)] report evidence of
water penetration;
(B)[(2)] report as Deficient:
(i)[(A)] the absence of performing
emergency escape and rescue openings in all sleeping rooms;
(ii)[(B)] a solid wood door
less than 1-3/8 inches in thickness, a solid or honeycomb core steel
door less than 1-3/8 inches thick, or a 20-minute fire-rated door
between the residence and an attached garage;
(iii)[(C)] missing or damaged
screens;
(iv)[(D)] deficiencies related
to structural performance or water penetration;
(v)[(E)] deficiencies in:
(I)[(i)] weather stripping,
gaskets or other air barrier materials;
(II)[(ii)] claddings;
(III)[(iii)] water resistant
materials and coatings;
(IV)[(iv)] flashing details
and terminations;
(V)[(v)] the condition and performance
of exterior doors, garage doors and hardware; and
(VI)[(vi)] the condition and
performance of windows and components.
(2)[(3)] The inspector is not
required to:
(A)report the condition of awnings, blinds, shutters,
security devices, or other non-structural systems;
(B)determine the cosmetic condition of paints, stains,
or other surface coatings; or
(C)operate a lock if the key is not available.
(D)provide an exhaustive list of locations of deficiencies
and water penetrations.
(g)Exterior and interior glazing. [The inspector
shall:]
(1)The inspector shall:
(A)[(1)] report as Deficient:
(i)[(A)] insulated windows that
are obviously fogged or display other evidence of broken seals;
(ii)[(B)] deficiencies in glazing,
weather stripping and glazing compound in windows and doors; and
(iii)[(C)] the absence of safety
glass in hazardous locations.
(2)The inspector is not required to:
(A)exhaustively inspect insulated windows for evidence
of broken seals;
(B)exhaustively inspect glazing for identifying labels;
or
(C)identify specific locations of damage.
(h)Interior and exterior stairways. [The inspector
shall:]
(1)The inspector shall:
(A)[(1)] report as Deficient:
(i)[(A)] spacing between intermediate
balusters, spindles, or rails for steps, stairways, guards, and railings
that permit passage of an object greater than 4 inches in diameter,
except that on the open side of the staircase treads, spheres less
than 4-3/8 inches in diameter may pass through the guard rail balusters
or spindles; and
(ii)[(B)] deficiencies in steps,
stairways, landings, guardrails, and handrails.
(2)The inspector is not required to exhaustively measure
every stairway component.
(i)Fireplaces and chimneys. [The inspector shall:]
(1)The inspector shall:
(A)[(1)] report as Deficient:
(i)[(A)] built-up creosote in
accessible areas of the firebox and flue;
(ii)[(B)] the presence of combustible
materials in near proximity to the firebox opening;
(iii)[(C)] the absence of fireblocking
at the attic penetration of the chimney flue, where accessible; and
(iv)[(D)] deficiencies in the:
(I)[(i)] damper;
(II)[(ii)] lintel, hearth, hearth
extension, and firebox;
(III)[(iii)] gas valve and location;
(IV)[(iv)] circulating fan;
(V)[(v)] combustion air vents;
and
(VI)[(vi)] chimney structure,
termination, coping, crown, caps, and spark arrestor.
(2)The inspector is not required to:
(A)verify the integrity of the flue;
(B)perform a chimney smoke test; or
(C)determine the adequacy of the draft.
(j)Porches, Balconies, Decks, and Carports. [The
inspector shall:]
(1)The inspector shall:
(A)[(1)] inspect:
(i)[(A)] attached balconies,
carports, and porches;
(ii)[(B)] abutting porches,
decks, and balconies that are used for ingress and egress; and
(B)[(2)] report as Deficient:
(i)[(A)] on decks 30 inches
or higher above the adjacent grade, spacings between intermediate
balusters, spindles, or rails that permit passage of an object greater
than four inches in diameter; and
(ii)[(B)] deficiencies in accessible
components.
(2)[(3)] The inspector is not
required to:
(A)exhaustively measure every porch, balcony, deck,
or attached carport components; or
(B)enter any area where headroom is less than 18 inches
or the access opening is less than 24 inches wide and 18 inches high.
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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