(a)An inspector is not required to
inspect the components or systems described under this section.
(b)If an inspector agrees to inspect a
component or system described under [in]
this section, the general provisions under §535.227
of this title [(relating to Standards of Practice: General Provisions)
] and the [applicable] provisions and requirements
of this section applicable to that component or system [of
this section] apply.
(c)[(1)] Landscape irrigation
(sprinkler) systems. [The inspector shall:]
(1)The inspector shall:
(A)manually operate all zones or stations on the system
through the controller;
(B)report as Deficient:
(i)the absence of a rain or moisture sensor,
(ii)inoperative zone valves;
(iii)surface water leaks;
(iv)the absence of a backflow prevention device;
(v)the absence of shut-off valves between the water
meter and backflow device;
(vi)deficiencies in the performance and mounting of
the controller;
(vii)missing or damaged components; and
(viii)deficiencies in the performance of the water
emission devices; such as, sprayer heads, rotary sprinkler heads,
bubblers or drip lines.
(2)[(C)] The inspector is not
required to inspect:
(A)[(i)] for effective coverage
of the irrigation system;
(B)[(ii)] the automatic function
of the controller;
(C)[(iii)] the effectiveness
of the sensors; such as, rain, moisture, wind, flow or freeze sensors;
or
(D)[(iv)] sizing and effectiveness
of backflow prevention device.
(d)[(2)] Swimming pools, spas,
hot tubs, and equipment. [The inspector shall:]
(1)The inspector shall:
(A)report the type of construction;
(B)report as Deficient:
(i)the presence of a single blockable main drain (potential
entrapment hazard);
(ii)a pump motor, blower, or other electrical equipment
that lacks bonding;
(iii)the absence of or deficiencies in safety barriers;
(iv)water leaks in above-ground pipes and equipment;
(v)the absence or failure in performance of ground-fault
circuit interrupter protection devices; and
(vi)deficiencies in:
(I)surfaces;
(II)tiles, coping, and decks;
(III)slides, steps, diving boards, handrails, and
other equipment;
(IV)drains, skimmers, and valves;
(V)filters, gauges, pumps, motors, controls, and sweeps;
(VI)lighting fixtures; and
(VII)the pool heater that these standards of practice
require to be reported for the heating system.
(2)[(C)] The inspector is not
required to:
(A)[(i)] disassemble filters
or dismantle or otherwise open any components or lines;
(B)[(ii)] operate valves;
(C)[(iii)] uncover or excavate
any lines or concealed components of the system;
(D)[(iv)] fill the pool, spa,
or hot tub with water;
(E)[(v)] inspect any system
that has been winterized, shut down, or otherwise secured;
(F)[(vi)] determine the presence
of sub-surface water tables;
(G)[(vii)] determine the effectiveness
of entrapment covers;
(H)[(viii)] determine the presence
of pool shell or sub-surface leaks; or
(I)[(ix)] inspect ancillary
equipment such as computer controls, covers, chlorinators or other
chemical dispensers, or water ionization devices or conditioners other
than required by this section.
(e)[(3)] Outbuildings. [The
inspector shall report as Deficient:]
(1)[(A)] The inspector
shall report as Deficient the absence or failure in performance
of ground-fault circuit interrupter protection devices in grade-level
portions of unfinished accessory buildings used for storage or work
areas, boathouses, and boat hoists; and
(2)[(B)] The inspector
shall report as Deficient deficiencies in the structural, electrical,
plumbing, heating, ventilation, and cooling systems that these standards
of practice require to be reported for the principal building.
(f)[(4)] Private water wells.
[The inspector shall:]
(1)The inspector shall:
(A)operate at least two fixtures simultaneously;
(B)recommend or arrange to have performed coliform
testing;
(C)report:
(i)the type of pump and storage equipment;
(ii)the proximity of any known septic system;
(D)report as Deficient deficiencies in:
(i)water pressure and flow and performance of pressure
switches;
(ii)the condition of accessible equipment and components;
and
(iii)the well head, including improper site drainage
and clearances.
(2)[(E)] The inspector is not
required to:
(A)[(i)] open, uncover, or remove
the pump, heads, screens, lines, or other components of the system;
(B)[(ii)] determine the reliability
of the water supply or source; or
(C)[(iii)] locate or verify
underground water leaks.
(g)[(5)] Private sewage disposal
(septic) systems. [The inspector shall:]
(1)The inspector shall:
(A)report:
(i)the type of system;
(ii)the location of the drain or distribution field;
(iii)the proximity of any known water wells, underground
cisterns, water supply lines, bodies of water, sharp slopes or breaks,
easement lines, property lines, soil absorption systems, swimming
pools, or sprinkler systems;
(B)report as Deficient:
(i)visual or olfactory evidence of effluent seepage
or flow at the surface of the ground;
(ii)inoperative aerators or dosing pumps; and
(iii)deficiencies in:
(I)accessible components;
(II)functional flow;
(III)site drainage and clearances around or adjacent
to the system; and
(IV)the aerobic discharge system.
(2)[(C)] The inspector is not
required to:
(A)[(i)] excavate or uncover
the system or its components;
(B)[(ii)] determine the size,
adequacy, or efficiency of the system; or
(C)[(iii)] determine the type
of construction used.
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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