[(a)Subsections (a) - (f) of this
section shall expire on February 28, 2021, and only apply to satisfy
the education requirements for a license under §535.212 of this
title (relating to Education and Experience Requirements for a License).]
[(b)Approval of Inspector Qualifying
Courses. Inspector qualifying courses are approved and regulated as
required by §535.62 of this title (relating to Approval of Qualifying
Courses).]
[(c)A classroom course may include
up to 50% of total course time for appropriate field trips relevant
to the course topic. Field trips may not be included as part of distance
education delivery courses.]
[(d)A course approved to satisfy
a specific subject matter requirement under §535.212 of this
title must address each part of the subject as described by this section.]
[(e)Approved Qualifying Courses of
Study. The subjects approved for credit for qualifying inspector courses
are those courses prescribed by §1102.001(5), Texas Occupations
Code and the following:]
[(1)Foundations, which shall include
the following topics:]
[(A)site analysis/location;]
[(B)grading;]
[(C)foundations;]
[(D)flat work;]
[(E)material;]
[(F)foundation walls;]
[(G)foundation drainage;]
[(H)foundation waterproofing and
damp proofing;]
[(I)columns; and]
[(J)under floor space.]
[(2)Framing, which shall include
the following topics:]
[(A)flashing;]
[(B)wood frame - stick/balloon;]
[(C)roof structure - rafters/trusses;]
[(D)floor structure;]
[(E)porches/decks/steps/landings/balconies;]
[(F)doors;]
[(G)ceilings;]
[(H)interior walls;]
[(I)stairways;]
[(J)guardrails/handrails/balusters;]
[(K)fireplace/chimney;]
[(L)sills/columns/beams/joist/sub-flooring;]
[(M)wall systems/structure - headers;]
[(N)rammed earth;]
[(O)straw bale;]
[(P)ICF;]
[(Q)panelized;]
[(R)masonry;]
[(S)wood I joist;]
[(T)roof sheathing;]
[(U)wood wall;]
[(V)steel wall;]
[(W)wood structural panel; and]
[(X)conventional concrete.]
[(3)Building Enclosure, which shall
include the following topics:]
[(A)review of foundation and roofing
relation;]
[(B)review of flashing;]
[(C)cladding;]
[(D)windows/glazing;]
[(E)weather barriers;]
[(F)vapor barriers;]
[(G)insulation;]
[(H)energy codes; and]
[(I)ingress/egress.]
[(4)Roof Systems, which shall include
the following topics:]
[(A)review - rafters, roof joist,
ceiling joist, collar ties, knee walls, purling, trusses, wood I joist,
roof sheathing, steel framing;]
[(B)roof water control;]
[(C)skylights;]
[(D)flashing;]
[(E)ventilation/non-ventilation;]
[(F)attic access;]
[(G)re-roofing;]
[(H)slopes - step roof/low slope/near
flat;]
[(I)materials - asphalt, fiberglass,
wood shake, wood shingle, slate, clay tile, concrete tile, fiber cement
(asbestos cement, mineral cement), metal, roll, build up, modified
bitumen, synthetic rubber (EPDM), plastic (PVC); and]
[(J)valleys.]
[(5)Plumbing Systems, which shall
include the following topics:]
[(A)water supply systems;]
[(B)fixtures;]
[(C)drains;]
[(D)vents;]
[(E)water heaters (gas and electric);]
[(F)gas lines; and]
[(G)hydro-therapy equipment.]
[(6)Electrical Systems, which shall
include the following topics:]
[(A)general requirements, equipment
location and clearances;]
[(B)electrical definitions;]
[(C)services;]
[(D)branch circuit and feeder requirements;]
[(E)wiring methods;]
[(F)power and lights distribution;]
[(G)devices and light fixtures; and]
[(H)swimming pool.]
[(7)HVAC Systems, which shall include
the following topics:]
[(A)heating;]
[(B)ventilation;]
[(C)air conditioning; and]
[(D)evaporative coolers.]
[(8)Appliances, which shall include
the following topics:]
[(A)dishwasher;]
[(B)food waste disposer;]
[(C)kitchen exhaust hood;]
[(D)range, cooktop, and ovens (electric
and gas);]
[(E)microwave cooking equipment;]
[(F)trash compactor;]
[(G)bathroom exhaust fan and heater;]
[(H)whole house vacuum systems;]
[(I)garage door operator;]
[(J)doorbell and chimes; and]
[(K)dryer vents.]
[(9)Texas Standards of Practice,
which shall include the following topics:]
[(A)review of general principles
and specific Texas practice standards;]
[(B)inspection guidelines for structural
systems;]
[(C)inspection guidelines for electrical
systems;]
[(D)inspection guidelines for heating,
ventilation, and air conditioning systems;]
[(E)inspection guidelines for plumbing
systems;]
[(F)inspection guidelines for appliances;
and]
[(G)inspection guidelines for optional
systems.]
[(10)Legal/Ethics, which shall include
the following topics:]
[(A)Chapter 1102;]
[(B)rules of the Commission related
to inspectors;]
[(C)agency enforcement action relating
to inspectors; and]
[(D)related case law.]
[(11)Texas Standard Report Form/Report
Writing, which shall include the following topics:]
[(A)use of the required inspection
report form;]
[(B)allowed reproductions;]
[(C)allowed changes;]
[(D)exceptions from use of the form;]
[(E)review of typical comments for
each heading in the report; and]
[(F)review of generally accepted
technical writing techniques.]
[(12)Other approved courses as they
relate to real estate inspections, which shall include one or more
of the following topics:]
[(A)Environmental Protection Agency;]
[(B)Consumer Product Safety Commission;
and]
[(C)general business practices.]
[(f)Ride-along inspection course
for qualifying education.]
[(1)A ride-along inspection course
must:]
[(A)at a minimum consist of one full
residential property inspection per 8 hours of course credit;]
[(B)review applicable standards of
practice and departure provisions contained in §§535.227
- 535.233 of this title (relating to Standards of Practice); and]
[(C)consist of no more than four
students per instructor.]
[(2)The instructor of a ride-along
inspection course may:]
[(A)review report writing;]
[(B)deliver a notice regarding the
ride-along session on a form approved by the Commission to the prospective
buyer or seller of the home being inspected.]
[(g)Subsections (h) - (i) of this
section are effective March 1, 2021 and apply to the education requirements
for a license under §535.214 of this title (relating to Education
and Experience Requirements for a License).]
(a)[(h)] Approval of Inspector
Qualifying Courses. Inspector qualifying courses are approved and
regulated as required by §535.62 of this chapter (relating
to Approval of Qualifying Courses) [title].
(b)[(i)] Approved Qualifying
Courses of Study. The subjects approved for credit for qualifying
inspector courses consist of the following modules:
(1)Property and Building Inspection Module I (40 hours)[
, which] shall contain the [following] topics and[
, the] units [of which are] outlined in the PBIM
1-0, Property and Building Inspection I Qualifying Inspector
Course Approval Form, hereby adopted by reference.[:]
[(A)Site conditions; assessing defects
and issues that may affect people or the performance of the building
- 300 minutes;]
[(B)Exterior components; assessing
defects and issues that may affect people or the performance of the
building - 300 minutes;]
[(C)Roof components; assessing defects
and issues that may affect people or the performance of the building
- 300 minutes;]
[(D)Structural components; assessing
defects and issues that may affect people or the performance of the
building - 300 minutes;]
[(E)Interior components; assessing
defects and issues that may affect people or the performance of the
building - 300 minutes;]
[(F)Permanently installed kitchen
appliances; assessing for proper condition and operations - 300 minutes;
and]
[(G)Fireplaces, fuel-burning appliances,
and their chimney and vent systems; assessing defects and issues that
may affect people or the performance of the building - 200 minutes.]
(2)Property and Building Inspection Module II (40
hours)[, which] shall contain the [following]
topics and[, the] units [of which are]
outlined in the PBIM 2-0, Property and Building Inspection
II Qualifying Real Estate Inspector Course Approval Form, hereby
adopted by reference.[:]
[(A)Electrical systems; assessing
defects and issues that may affect people or the performance of the
building - 300 minutes;]
[(B)Cooling Systems; assessing defects
and issues that may affect people or the performance of the building
- 300 minutes;]
[(C)Heating systems; assessing defects
and issues that may affect people or the performance of the building
- 300 minutes;]
[(D)Insulation, moisture management
systems, and ventilation systems in conditioned and unconditioned
spaces; assessing defects and issues that may affect people or the
performance of the building - 300 minutes;]
[(E)Plumbing systems; assessing defects
and issues that may affect people or the performance of the building
- 300 minutes;]
[(F)Mechanical exhaust systems; assessing
defects and issues that may affect people or the performance of the
building - 300 minutes; and]
[(G)Optional systems Systems - 200
minutes.]
(3)Analysis of Findings and Reporting Module (20 hours)[
, which] shall contain the [following] topics and[
, the] units [of which are] outlined in the AFRM-0,
Analysis of Findings and Reporting Module Qualifying Real Estate
Inspector Course Approval Form, hereby adopted by reference.[
:]
[(A)Informing the client what was
inspected and describing building systems and components by their
distinguishing characteristics - 200 minutes;]
[(B)Describing inspection methods
and limitations in the inspection report to inform the client what
was not inspected and why - 200 minutes;]
[(C)Describing systems and components
inspected that are not functioning properly or are defective - 200
minutes;]
[(D)Describing systems and components
in need of further evaluation or action - 200 minutes; and]
[(E)Describing the implication of
defects so that the client understands what could occur if the defects
are not corrected - 200 minutes.]
(4)Business Operations and Professional Responsibilities
Module (10 hours)[, which] shall contain the [following]
topics and[, the] units [of which are]
outlined in the BOPRM-0, Business Operations and Professional
Responsibilities Qualifying Real Estate Inspector Course Approval
Form, hereby adopted by reference.[:]
[(A)Elements of the written inspection
contract and the rights and responsibilities of the inspector and
the client - 250 minutes; and]
[(B)Inspector's responsibility to
maintain the quality, integrity, and objectivity of the inspection
process - 250 minutes.]
(5)Texas Law Module (20 hours)[, which]
shall contain the [following] topics and[,
the] units [of which are] outlined in the TLM-1, Texas
Law Module, Qualifying Real Estate Inspector Course Approval Form,
hereby adopted by reference.[:
[(A)Licensing Law; Chapter 1102 Texas
Occupations Code - 200 minutes;]
[(B)General Provisions; TREC Rules,
Chapter 535 Subchapter R - 400 minutes; and]
[(C)Inspector Legal & Ethics
- 400 minutes.]
(6)Texas Standards of Practice Module (24 hours)[,
which] shall contain the [following] topics and[
, the] units [of which are] outlined in the TSOPM-0,
Texas Standards of Practice Module Qualifying Real Estate Inspector
Course Approval Form, hereby adopted by reference.[:]
[(A)Structural systems; Texas SOP
exclusions and unique reporting requirements - 400 minutes;]
[(B)Electrical systems; Texas SOP
exclusions and unique reporting requirements - 400 minutes; and]
[(C)Mechanical systems; Texas SOP
exclusions and unique reporting requirements - 400 minutes.]
(7)Texas Practicum (40 hours),[;]
which shall consist of a minimum of five complete and in-person inspections.
(A)The Texas Practicum must:
(i)be supervised by a currently licensed inspector
who has:
(I)been actively licensed as a professional inspector
[Professional Inspector] for at least five years;
and
(II)at least three years of supervisory or training
experience with inspectors; or
(III)performed a minimum of 200 real estate inspections
as a Texas professional inspector; and
(ii)consist of no more than four students per inspector
supervising the Texas Practicum.
(B)The inspector supervising the Texas Practicum must
evaluate that upon completion by the student, each report is:
(i)considered satisfactory for release to an average
consumer; and
(ii)demonstrates an understanding of:
(I)report writing;
(II)client interaction;
(III)personal property protection; and
(IV)concepts critical for the positive outcome of
the inspection process.
(C)An applicant may request credit for completing
the Texas Practicum (40 hours) by submitting the credit request form
approved by the Commission.
(D)Audits.
(i)The Commission staff may conduct an audit of any
information provided on a Texas Practicum credit request form, including
verifying that the inspector supervising the Texas Practicum meets
the qualifications required to supervise the practicum.
(ii)The following acts committed by a supervisory
inspector conducting the Texas Practicum are grounds for disciplinary
action:
(I)making material misrepresentation of fact;
(II)making a false representation to the Commission,
either intentionally or negligently, that a student completed the
Texas Practicum in its entirety, satisfying all requirements for credit
to be awarded.
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 February 15, 2023
TRD-202300750 Vanessa E. Burgess
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: April 2, 2023
For further information, please call: (512) 936-3284
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