Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER RREAL ESTATE INSPECTORS
RULE §535.230Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems
ISSUE 05/21/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)Heating equipment.

  (1)General requirements.

    (A)The inspector shall report:

      (i)the type of heating systems; and

      (ii)the energy sources; and

    (B)report as Deficient:

      (i)inoperative units;

      (ii)deficiencies in the thermostats;

      (iii)inappropriate location;

      (iv)the lack of protection from physical damage;

      (v)burners, burner ignition devices or heating elements, switches, and thermostats that are not a minimum of 18 inches above the lowest garage floor elevation, unless the unit is listed for garage floor installation;

      (vi)the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;

      (vii)when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement; and

      (viii)deficiencies in mounting and performance of window and wall units;

  (2)Requirements for electric units. The inspector shall report deficiencies in:

    (A)performance of heat pumps;

    (B)performance of heating elements; and

    (C)condition of conductors; and

  (3)Requirements for gas units. The inspector shall report as Deficient:

    (A)gas leaks in the heating equipment not associated with the gas distribution system;

    (B)flame impingement, uplifting flame, improper flame color, or excessive scale buildup;

     [(C)the absence of a gas shut-off valve within six feet of the appliance;]

     [(D)the absence of a gas appliance connector or one that exceeds six feet in length;]

     [(E)gas appliance connectors that are concealed within or extended through walls, floors, partitions, ceilings or appliance housings; and]

    (C)[(F)] deficiencies in:

      (i)combustion, and dilution air;

       [(ii)gas shut-off valves;]

       [(iii)access to a gas shutoff valves that prohibits full operation;]

       [(iv)gas appliance connector materials; and]

      (ii)[(v)] the vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances; and

(b)Cooling equipment.

  (1)Requirements for cooling units other than evaporative coolers.

    (A)the inspector shall: [report;]

       (i)report the type of systems;

       (ii)measure and report the temperature difference between the supply air and the returned air or report industry-accepted method used to determine performance; and

       (iii)generally report extraneous factors or conditions, present on the day of the inspection, that would adversely impact the temperature differential of an otherwise performing unit; and

    (B)the inspector shall report as Deficient:

      (i)inoperative units;

      (ii)deficiencies in the performance of the cooling system that: [inadequate cooling as demonstrated by its performance;]

         (I)fails to achieve a 15 degrees Fahrenheit to 22 degrees Fahrenheit temperature differential; or

         (II)fails to cool adequately as determined by other industry-accepted methods;

      (iii)the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish;

      (iv)when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement;

      (v)noticeable vibration of blowers or fans;

      (vi)water in the auxiliary/secondary drain pan;

      (vii)a primary drain pipe that discharges in a sewer vent;

      (viii)missing or deficient refrigerant pipe insulation;

      (ix)dirty coils, where accessible;

      (x)condensing units lacking adequate clearances or air circulation or that has deficiencies in the fins, location, levelness, or elevation above grade surfaces;

      (xi)deficiencies in:

        (I)the condensate drain and auxiliary/secondary pan and drain system;

        (II)mounting and performance of window or wall units; and

        (III)thermostats.

  (2)Requirements for evaporative coolers.

    (A)The inspector shall report:

      (i)type of systems;

      (ii)the type of water supply line;

    (B)The inspector shall report as Deficient:

      (i)inoperative units;

      (ii)inadequate access and clearances;

      (iii)deficiencies in performance or mounting;

      (iv)missing or damaged components;

      (v)the presence of active water leaks; and

      (vi)the absence of backflow prevention.

(c)Duct systems, chases, and vents.

  (1)The inspector shall report as Deficient:

    (A)damaged duct systems or improper material;

    (B)damaged or missing duct insulation;

    (C)the absence of air flow at accessible supply registers;

    (D)the presence of gas piping and sewer vents concealed in ducts, plenums and chases;

    (E)ducts or plenums in contact with earth; and

  (2)The inspector shall report as Deficient deficiencies in:

    (A)filters;

    (B)grills or registers; and

    (C)the location of return air openings.

(d)For heating, ventilation, and air conditioning systems inspected under this section, the inspector is not required to perform the following actions:

  (1)program digital thermostats or controls;

  (2)inspect:

    (A)for pressure of the system refrigerant, type of refrigerant, or refrigerant leaks;

    (B)winterized or decommissioned equipment; or

    (C)duct fans, humidifiers, dehumidifiers, air purifiers, motorized dampers, electronic air filters, multi-stage controllers, sequencers, heat reclaimers, wood burning stoves, boilers, oil-fired units, supplemental heating appliances, de-icing provisions, or reversing valves;

  (3)operate:

    (A)setback features on thermostats or controls;

     [(B)cooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit;]

    (B)[(C)] radiant heaters, steam heat systems, or unvented gas-fired heating appliances; or

    (C)cooling or heating systems when weather conditions or other circumstances may cause equipment damage, including:

       (i)cooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit; and

      (ii)[(D)] heat pumps, in the heat pump mode, when the outdoor temperature is above 70 degrees Fahrenheit ;

  (4)verify:

    (A)compatibility of components;

    (B)tonnage and manufacturer match of indoor coils and outside coils or condensing units;

    (C)the accuracy of thermostats; or

    (D)the integrity of the heat exchanger; or

  (5)determine:

    (A)sizing, efficiency, or adequacy of the system;

    (B)balanced air flow of the conditioned air to the various parts of the building; or

    (C)types of materials contained in insulation.

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 6, 2021

TRD-202101793

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: June 20, 2021

For further information, please call: (512) 936-3284



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