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Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
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Subchapter R. Real Estate
Inspectors
22 TAC §§535.227 - 535.233
The Texas Real Estate Commission (TREC)
adopts new rules §§535.227 - 535.233 concerning
inspector standards of practice with changes to the
text as published in the September 5, 2008, issue
of the Texas Register (33 TexReg 7405), as
follows: “and surface” was added after
“underwater” in §535.228(d)(3) in order to make
clear that this provision is consistent with
§535.227(b)(3)(I); “devices…including improper
location” was added to §535.229(c)(3)(G) in order
to clarify that all types of electrical devices are
included in this provision and that improper
location is a deficiency; and the numbering of
§535.231(c) is changed because the proposed
draft erroneously included two paragraph (3)s.
The revisions to the rules as adopted do not
change the nature or scope so much that they
could be deemed different rules. The rules as
adopted do not affect individuals other than those
contemplated by the rules as proposed. The rules
as adopted do not impose more onerous
requirements than the proposed versions and do
not materially alter the issues raised in the
proposed rules. Changes in the adopted rules
respond to public comments or otherwise reflect
non-substantive variations from the proposed
rules to clarify their intent and improve
readability. Sections 535.227, 535.230, 535.232,
and 535.233 are adopted without changes.
The new rules are adopted as a result of the Real
Estate Inspector Committee’s comprehensive
review and recommendation regarding inspector
standards of practice. The rules divide the
standards of practice for inspectors into seven
sections by providing two additional sections and
contain a number of substantive changes
recommended by the Texas Real Estate Inspector
Committee, an advisory committee of six
professional inspectors and three public members
appointed by TREC. In order to allow a transition
period for inspectors to implement any changes to
their processes that may be necessary, these rules
will become effective February 1, 2009.
Generally, the new sections rearrange the current
standards of practice, listing the systems,
components, and items in a home which the
inspector must include in an inspection unless the
inspector’s client agrees to limit the scope of the
inspection.
New §535.227 addresses general provisions
which include definitions, the scope, and the
departure provisions of an inspection. New
§535.228 addresses minimum inspection
requirements for structural systems. New
§535.229 addresses minimum inspection
requirements for electrical systems. New
§535.230 addresses minimum inspection
requirements for heating, ventilation, and air
conditioning systems. New §535.231 addresses
minimum inspection requirements for plumbing
systems. New §535.232 addresses minimum
inspection requirements for appliances. New
§535.233 addresses minimum inspection
requirements for optional systems.
The reasoned justification for the new sections is
increased clarity for inspectors and consumers
alike regarding what a home inspector is and is
not required to inspect, as well as standards that
more accurately reflect current technology, codes,
and practices that form the basis of many of the
standards.
The Commission received five comments during
the notice and comment period regarding the
proposed §§535.227 - 535.233.
Comment: One commenter generally supported
the proposed rules but suggested adding the word
“visible” to “gas lines” in §535.233(7)(a) to make
clear that inspectors are not required to inspect
gas lines that are not visible.
Response: The Commission respectfully disagrees
with this comment, as the general limitations in
§535.227(b)(3)(A)(iv), which apply to §§535.227
Texas Real Estate Commission
Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
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- 535.233, already make clear that inspectors are
not required to inspect anything that is buried,
hidden, latent, or concealed.
Comment: One commenter suggested changing
“built-in appliances” to “in-place appliances” to
include appliances such as washing machines and
refrigerators.
Response: The Commission respectfully disagrees
with this comment, as these items are not
permanently attached to the real property and
often are not conveyed with the property.
Moreover, if a client wishes to have them
inspected, these rules do not prohibit the inspector
from including them in the inspection.
Comment: One commenter outlined several
differences between the existing standards and the
proposed new rules but did not express an opinion
about these differences except for stating that the
requirement to inspect lighting fixtures had been
deleted and should be returned to the rules.
Response: The Commission respectfully disagrees
with this comment, as the language of “lighting
fixtures” was changed to “fixtures” in order to
incorporate ceiling fans and other types of fixtures
but still includes light fixtures.
Comment: One commenter raised several
questions about how to interpret the proposed new
rules but did not express an opinion about these
issues except for suggesting that the trash
compactor section be changed to an optional item.
Response: The Commission respectfully disagrees
with this comment, finding that enough homes
have built-in trash compactors to warrant
requiring them to be inspected when present.
Comment: One commenter raised several
questions and suggested a multitude of stylistic
and substantive changes to the rules, including (1)
incorporating the boilerplate introductory text on
the proposed standard inspection report form into
§535.227(b)(1); (2) adding or expanding lists of
examples in many parts of the standards of
practice; (3) adding “surface” to “underground
drainage systems” in §535.228(d)(3); (4)
changing the specific references to doors with
certain fireproof characteristics to “approved rated
fire door” in §535.228(k)(2)(B); (5) combining of
provisions for efficiency of space; (6) specifying
that the requirement to report deficiencies in the
installation and termination of the plumbing vent
system applies only to waste vents; and (7)
requiring reporting as deficient the lack of a hot
water shut-off valve under certain circumstances.
Response: The Commission respectfully disagrees
with items (1), (2), and (4) – (7) above, as
follows: (1) this text is largely informational for
the public and does not belong on the
Administrative Code; (2) additional lists of
examples would only serve to confuse the reader
or give the impression that they are exhaustive
lists when they are not; (4) lower-quality doors
may be approved and fire rated for different
purposes, but this provision addresses only doors
meeting the criteria to be approved for residential
exterior applications; (5) the provisions that the
commenter recommends combining must be kept
separate for clarity and comprehension; (6) the
requirement regarding deficiencies in the
plumbing vent system applies to waste vents as
well as other type of vents; and (7) a shut-off
valve on a hot water supply line could cause
excess pressure to build up in the line and cause
the pipe to burst. The Commission agrees with
item (3) above and has added “surface” to
§535.228(d)(3) so that this limitation applies to
both surface and underground drainage.
The new rules are adopted under Texas
Occupations Code, §1101.151, which authorizes
the Texas Real Estate Commission to make and
enforce all rules and regulations necessary for the
performance of its duties and to establish
standards of conduct and ethics for its licensees in
keeping with the purpose and intent of the Act to
ensure compliance with the provisions of the Act.
§535.227. Standards of Practice: General
Provisions.
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Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
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(a) Definitions.
(1) Accessible-In the reasonable
judgment of the inspector, capable of being
approached, entered, or viewed without:
(A) undue hazard to the inspector;
(B) moving furnishings or large,
heavy, or fragile objects;
(C) using specialized tools or
procedures;
(D) disassembling items other than
covers or panels intended to be removed for
inspection;
(E) damaging property; 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) Cosmetic-Related only to
appearance or aesthetics, and not related to
structural performance, operability, or water
penetration.
(4) Deficiency-A condition that, in the
inspector’s reasonable opinion, adversely and
materially affects the performance of a system
or component or constitutes a hazard to life,
limb, or property as specified by these
standards of practice. General deficiencies
include but are not limited to inoperability,
material distress, water penetration, damage,
deterioration, missing parts, and unsuitable
installation.
(5) Deficient-Reported as having one or
more deficiencies.
(6) Inspect-To look at and examine
accessible items, parts, systems, or
components and report observed deficiencies.
(7) Performance-Achievement of an
operation, function, or configuration consistent
with accepted industry practice.
(8) Report-To provide the inspector’s
opinions and findings on the standard
inspection report form.
(9) Specialized tools-Tools such as
thermal imaging equipment, moisture meters,
gas leak detection equipment, environmental
testing equipment and devices, elevation
determination devices, and ladders capable of
reaching surfaces over one story above ground
surfaces.
(10) Specialized procedures-
Procedures such as environmental testing,
elevation measurement, and any method
employing destructive testing that damages
otherwise sound materials or finishes.
(11) Standards of practice-
§§535.227 - 535.233 of this title.
(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
limited visual survey and basic operation of the
systems and components of a building using
normal controls and does not require the use of
specialized tools 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 parts,
components, and systems in addition to those
described by the standards of practice.
(2) General Requirements. The
inspector shall:
(A)operate fixed or installed
equipment and appliances listed herein in at
least one mode with ordinary controls at typical
settings;
(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
(C)complete the standard inspection
report form as required by §535.222 and
§535.223 of this title.
(3) General limitations. The inspector is
not required to:
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(A) inspect:
(i) items other than those listed
herein;
(ii) elevators;
(iii) detached structures, decks,
docks, fences, or waterfront structures or
equipment;
(iv) anything buried, hidden,
latent, or concealed; or
(v) 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, or solar panels;
(B) report:
(i) past repairs that appear to be
effective and workmanlike;
(ii) cosmetic or aesthetic
conditions; or
(iii)wear and tear from ordinary
use;
(C) determine:
(i) insurability, warrantability,
suitability, adequacy, capacity, reliability,
marketability, operating costs, recalls,
counterfeit products, life expectancy, age,
energy efficiency, vapor barriers, thermostatic
operation, code compliance, utility sources, or
manufacturer or regulatory requirements
except as specifically required by these
standards;
(ii) the presence or absence of
pests, termites, or other wood-destroying
insects or organisms;
(iii) the presence, absence, or
risk of asbestos, lead-based paint, mold,
mildew, or any other environmental hazard,
environmental pathogen, carcinogen, toxin,
mycotoxin, pollutant, fungal presence or
activity, or poison; or
(iv) types of wood or
preservative treatment and fastener
compatibility;
(D) anticipate future events or
conditions, including but not limited to:
(i) decay, deterioration, or
damage that may occur after the inspection;
(ii) deficiencies from abuse,
misuse or lack of use,
(iii) changes in performance of
any part, component, or system due to changes
in use or occupancy;
(iv) the consequences of the
inspection or its effects on current or future
buyers and sellers;
(v) common household accidents,
personal injury, or death;
(vi) the presence of water
penetration(s); or
(vii) future performance of any
item;
(E) operate shut-off, safety, stop,
pressure, or pressure-regulating valves or
items requiring the use of codes, keys,
combinations, or similar devices;
(F) designate conditions as safe;
(G)recommend or provide
engineering, architectural, appraisal,
mitigation, physical surveying, realty, or other
specialist services;
(H)review historical records,
installation instructions, repair plans, cost
estimates, disclosure documents, or other
reports;
(I) verify sizing, efficiency, or
adequacy of the ground surface drainage
system;
(J) operate recirculation or sump
pumps;
(K)remedy conditions preventing
inspection of any item;
(L) apply open flame to operate any
appliance;
(M) turn on decommissioned
equipment, systems, or utility services; or
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Chapter 535, General Provisions
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(N)provide repair cost estimates,
recommendations, or re-inspection services.
(4) In the event of a conflict between
specific provisions and general provisions in the
standards of practice, specific provisions shall
take precedence.
(5) Departure.
(A) An inspector may depart from
the standards of practice only if the
requirements of subparagraph (B) are met,
and:
(i) the inspector and client agree
the item is not to be inspected;
(ii) the inspector is not qualified
to inspect the item;
(iii)conditions beyond the control
of the inspector reasonably prevent inspection
of an item;
(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)the inspector reasonably
determines that actions of the inspector may
cause damage to the property.
(B) If a part, component, or system
required for inspection is not inspected, the
inspector shall:
(i) advise the client at the
earliest practical opportunity that the part,
component, or system will not be inspected;
and
(ii) make an appropriate notation
on the inspection report form, clearly stating
the reason the part, component, or system was
not inspected.
(C) If the inspector routinely departs
from inspection of a part, system, or
component, the earliest practical opportunity
for the notice required by this subsection is the
first contact with the prospect and the inspector
has reason to believe that the property being
inspected has the part, system, or component
the inspector routinely does not inspect.
(c) Enforcement. Failure to comply with the
standards of practice is grounds for disciplinary
action as prescribed by Chapter 1102.
§535.228. Standards of Practice: Minimum
Inspection Requirements for Structural
Systems.
(a) Foundations. The inspector shall:
(1) inspect slab surfaces, foundation
framing components, subflooring, and related
structural components;
(2) report:
(A) the type of foundation(s); and
(B) the vantage point from which the
crawl space was inspected; and
(3) generally report present and visible
indications used to render the opinion of
adverse performance, such as:
(A)open or offset concrete cracks;
(B)binding, out-of-square, nonlatching,
warped, or twisted doors or frames;
(C)framing or frieze board
separations;
(D)out-of-square wall openings or
separations at wall openings or between the
cladding and window/door frames;
(E)sloping floors, countertops,
cabinet doors, or window/door casings;
(F) wall, floor, or ceiling cracks;
(G)rotating, buckling, cracking, or
deflecting masonry cladding;
(H)separation of walls from ceilings
or floors; and
(I) soil erosion, subsidence or
shrinkage adjacent to the foundation and
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Chapter 535, General Provisions
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differential movement of abutting flatwork such
as walkways, driveways, and patios;
(4) report as Deficient:
(A)exposed or damaged
reinforcement;
(B)a crawl space that does not
appear to be adequately ventilated;
(C)crawl space drainage that does
not appear to be adequate;
(D)deteriorated materials;
(E) damaged beams, joists, bridging,
blocking, piers, posts, pilings, or subfloor;
(F) non-supporting piers, posts,
pilings, columns, beams, sills, or joists; and
(G)damaged retaining walls related
to foundation performance; and
(5) render a written opinion as to the
performance of the foundation.
(b) Specific limitations for foundations. The
inspector is not required to:
(1) enter a crawlspace or any area
where headroom is less than 18 inches or the
access opening is less than 24 inches wide and
18 inches high;
(2) provide an exhaustive list of
indicators of possible adverse performance; or
(3) inspect retaining walls not related to
foundation performance.
(c) Grading and drainage. The inspector
shall report as Deficient:
(1) improper or inadequate grading
around the foundation (including flatwork);
(2) erosion;
(3) water ponding; and
(4) deficiencies in installed gutter and
downspout systems.
(d) Specific limitations for grading and
drainage. The inspector is not required to:
(1) inspect flatwork or
detention/retention ponds (except as related to
slope and drainage);
(2) determine area hydrology or the
presence of underground water; or
(3) determine the efficiency or operation
of underground or surface drainage systems.
(e) Roof covering materials. The inspector
shall:
(1) inspect the roof covering materials
from the surface of the roof;
(2) report:
(A)type of roof covering(s);
(B)vantage point from where the
roof was inspected
(C)any levels or surfaces that were
not accessed;
(D)evidence of previous repairs to
roof covering materials, flashing details,
skylights, and other roof penetrations; and
(E) evidence of water penetration;
and
(3) report as Deficient:
(A)a roof covering that is not
appropriate for the slope of the roof;
(B)deficiencies in:
(i) fastening of roof covering
material, as determined by a random sampling;
(ii) roof covering materials;
(iii)flashing details;
(iv)skylights; and
(v) other roof penetrations.
(f) Specific limitations for roof covering.
The inspector is not required to:
(1) determine the remaining life
expectancy of the roof covering;
(2) 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;
(3) determine the number of layers of
roof covering material;
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(4) identify latent hail damage; or
(5) provide an exhaustive list of
locations of water penetrations or previous
repairs.
(g) Roof structure and attic. The inspector
shall:
(1) report:
(A) the vantage point from which the
attic space was inspected;
(B) the presence of and approximate
average depth of attic insulation and thickness
of vertical insulation, when visible; and
(C) evidence of water penetration;
and
(2) report as Deficient:
(A)attic space that does not appear
to be adequately ventilated;
(B)deficiencies in installed framing
members and decking;
(C)deflections or depressions in the
roof surface as related to the adverse
performance of the framing and the roof deck;
(D)missing insulation;
(E) deficiencies in attic access ladder
and access opening; and
(F) deficiencies in attic ventilators.
(h) Specific limitations for roof structure and
attic. The inspector is not required to:
(1) enter attics or unfinished spaces
where openings are less than 22 inches by 30
inches or headroom is less than 30 inches;
(2) operate powered ventilators; or
(3) provide an exhaustive list of
locations of water penetrations.
(i) Interior walls, ceilings, floors, and doors.
The inspector shall:
(1) report evidence of water
penetration; and
(2) report as Deficient:
(A)doors and hardware that do not
operate properly;
(B)deficiencies related to structural
performance or water penetration; and
(C)lack of fire separation between
the garage and the residence and its attic
space.
(j) Specific limitation for interior walls,
doors, ceilings, and floors. The inspector is not
required to:
(1) report cosmetic damage or the
condition of floor, wall, or ceiling coverings;
paints, stains, or other surface coatings;
cabinets; or countertops, or
(2) provide an exhaustive list of
locations of water penetrations.
(k) Exterior walls, doors, and windows. The
inspector shall:
(1) report evidence of water
penetration; and
(2) report as Deficient:
(A) the lack of functional emergency
escape and rescue openings in all sleeping
rooms;
(B) the lack of a solid wood door not
less than 1-3/8 inches in thickness, a solid or
honeycomb core steel door not less than 1-3/8
inches thick, or a 20-minute fire-rated door
between the residence and an attached garage;
(C) missing or damaged screens;
(D) deficiencies related to structural
performance or water penetration; and
(E) deficiencies in:
(i) claddings;
(ii) water resistant materials and
coatings;
(iii)flashing details and
terminations;
(iv)the condition and operation of
exterior doors, garage doors, and hardware;
and
(v) window operation and
components.
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(l) Specific limitations for exterior walls,
doors, and windows. The inspector is not
required to:
(1) report the condition or presence of
awnings, shutters, security devices, or
systems;
(2) determine the cosmetic condition of
paints, stains, or other surface coatings; or
(3) operate a lock if the key is not
available.
(m) Exterior and interior glazing. The
inspector shall:
(1) inspect the window and door
glazing; and
(2) report as Deficient:
(A) insulated windows that are
obviously fogged or display other evidence of
broken seals;
(B) deficiencies in glazing, weather
stripping, and glazing compound in windows
and exterior doors; and
(C) the absence of safety glass in
hazardous locations.
(n) Specific limitation for exterior and
interior glazing. The inspector is not required
to:
(1) exhaustively observe insulated
windows for evidence of broken seals;
(2) exhaustively observe glazing for
identifying labels; or
(3) identify specific locations of damage.
(o) Interior and exterior stairways. The
inspector shall report as Deficient:
(1) 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
(2) deficiencies in steps, stairways,
landings, guardrails, and handrails.
(p) Specific limitation for stairways. The
inspector is not required to exhaustively
measure every stairway component.
(q) Fireplace and chimney. The inspector
shall report as Deficient:
(1) built-up creosote in visible areas of
the firebox and flue;
(2) the presence of combustible
materials in near proximity to the firebox
opening;
(3) the absence of fireblocking at the
attic penetration of the chimney flue, where
accessible;
(4) an inoperative circulating fan; and
(5) deficiencies in the:
(A)damper;
(B)lintel, hearth, hearth extension,
and firebox;
(C)gas log lighter valve and
location;
(D)combustion air vents; and
(E) chimney structure, termination,
coping, crown, caps, and spark arrestor.
(r) Specific limitations for fireplace and
chimney. The inspector is not required to:
(1) verify the integrity of the flue;
(2) perform a chimney smoke test; or
(3) determine the adequacy of the draft.
(s) Porches, Balconies, Decks, and Carports.
The inspector shall:
(1) inspect balconies, attached carports,
and attached porches and abutting porches,
decks, and balconies that are used for ingress
and egress; and
(2) report as Deficient:
(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;
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(B) deficiencies in visible footings,
piers, posts, pilings, beams, joists, decking,
water proofing at interfaces, flashing, surface
coverings, and attachment points of porches,
decks, balconies, and carports; and
(C) deficiencies in, or absence of
required, guardrails and handrails.
(t) Specific limitation for porches, balconies,
decks, and carports. The inspector is not
required to:
(1) exhaustively measure the porch,
balcony, deck, or attached carport components;
or
(2) enter any area where headroom is
less than 18 inches or the access opening is
less than 24 inches wide and 18 inches high.
§535.229. Standards of Practice: Minimum
Inspection Requirements for Electrical
Systems.
(a) Service entrance and panels. The
inspector shall report as Deficient:
(1) a drop, weatherhead, or mast that is
not securely fastened to the structure;
(2) the lack of a grounding electrode
system;
(3) the lack of a grounding electrode
conductor;
(4) the lack of a secure connection to
the grounding electrode system;
(5) deficiencies in the insulation of the
service entrance conductors, drip loop,
separation of conductors at weatherheads, and
clearances;
(6) electrical cabinets, gutters, meter
cans, and panel boards that:
(A) are not secured to the structure;
(B) are not appropriate for their
location;
(C) have deficiencies in clearances
and accessibility;
(D)are missing knockouts; or
(E) are not bonded and grounded;
(7) cabinets, disconnects, cutout boxes,
and panel boards that do not have dead fronts
secured in place with proper fasteners;
(8) conductors not protected from the
edges of electrical cabinets, gutters, or cutout
boxes;
(9) trip ties not installed on 240 volt
circuits;
(10) deficiencies in the type and
condition of the wiring in the cutout boxes,
cabinets, or gutters;
(11) deficiencies in the compatibility of
overcurrent devices and conductors;
(12) deficiencies in the overcurrent
device and circuit for labeled and listed 240 volt
appliances;
(13) a panel that is installed in a
hazardous location, such as a clothes closet, a
bathroom, where there are corrosive or easily
ignitable materials, or where the panel is
exposed to physical damage;
(14) the absence of appropriate
connections, such as copper/aluminumapproved
devices;
(15) the absence of anti-oxidants on
aluminum conductor terminations;
(16) the lack of a main disconnecting
means;
(17) the lack of arc-fault circuit
interrupting devices serving family rooms,
dining rooms, living rooms, parlors, libraries,
dens, bedrooms, sunrooms, recreations rooms,
closets, hallways, or similar rooms or areas;
and
(18) failure of operation of installed arcfault
circuit interrupter devices.
(b) Specific limitations for service
entrance and panels. The inspector is not
required to:
(1) determine present or future
sufficiency of service capacity amperage,
voltage, or the capacity of the electrical
system;
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(2) test arc-fault circuit interrupter
devices when the property is occupied or
damage to personal property may result, in the
inspector’s reasonable judgment;
(3) report the lack of arc-fault circuit
interrupter protection when the circuits are in
conduit;
(4) conduct voltage drop calculations;
(5) determine the accuracy of
overcurrent device labeling;
(6) remove covers where hazardous as
judged by the inspector;
(7) verify the effectiveness of
overcurrent devices; or
(8) operate overcurrent devices.
(c)Branch circuits, connected devices, and
fixtures. The inspector shall:
(1) report the type of branch circuit
conductors;
(2) manually test the accessible smoke
alarms by use of the manufacturer’s approved
test or by the use of canned smoke; and
(3) report as Deficient:
(A)the lack of ground-fault circuit
interrupter protection in all:
(i) bathroom receptacles;
(ii) garage receptacles;
(iii)outdoor receptacles;
(iv) crawl space receptacles;
(v) unfinished basement
receptacles;
(vi) kitchen countertop
receptacles; and
(vii) laundry, utility, and wet bar
sink receptacles located within 6 feet of the
outside edge of a laundry, utility, or wet bar
sink; and
(B)the failure of operation of
ground-fault circuit interrupter protection
devices;
(C)receptacles that:
(i) are damaged;
(ii) are inoperative;
(iii)have incorrect polarity;
(iv)are not grounded, if
applicable;
(v) display evidence of arcing or
excessive heat;
(vi)are not securely mounted; or
(vii) have missing or damaged
covers;
(D) switches that:
(i) are damaged;
(ii) are inoperative;
(iii)display evidence of arcing or
excessive heat;
(iv)are not securely mounted; or
(v) have missing or damaged
covers;
(E) deficiencies in or absences of
conduit, where applicable;
(F) appliances and metal pipes that
are not bonded or grounded;
(G)deficiencies in wiring, wiring
terminations, junctions, junction boxes,
devices, and fixtures, including improper
location;
(H)the lack of equipment
disconnects;
(I) the absence of appropriate
connections, such as copper/aluminum
approved devices, if branch circuit aluminum
conductors are discovered in the main or subpanel
based on a random sampling of
accessible receptacles and switches;
(J) improper use of extension cords;
(K)deficiencies in smoke alarms that
are not connected to a central alarm system;
and
(L) the lack of smoke alarms:
(i) in each sleeping room;
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(ii) outside each separate
sleeping area in the immediate vicinity of the
sleeping rooms; and
(iii)on each additional story of
the dwelling, including basements but excluding
crawl spaces and uninhabitable attics (in
dwellings with split levels and without an
intervening door between the levels, a smoke
alarm installed on the upper level and the
adjacent lower level shall suffice provided that
the lower level is less than one full story below
the upper level).
(d) Specific limitations for branch circuits,
connected devices, and fixtures. The inspector
is not required to:
(1) inspect low voltage wiring;
(2) disassemble mechanical appliances;
(3) verify the effectiveness of smoke
alarms;
(4) verify interconnectivity of smoke
alarms
(5) activate smoke alarms that are being
actively monitored or require the use of codes;
or
(6) verify that smoke alarms are suitable
for the hearing-impaired.
§535.230. Standards of Practice: Minimum
Inspection Requirements for Heating,
Ventilation, and Air Conditioning Systems.
(a) Heating equipment. The inspector shall:
(1) report:
(A)the type of heating system(s);
and
(B)the energy source(s);
(2) report as Deficient:
(A)an inoperative unit;
(B)deficiencies in the controls and
operating components of the system;
(C)the lack of protection from
physical damage;
(D)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;
(E) inappropriate location;
(F) inadequate access and
clearances;
(G) deficiencies in mounting and
operation of window units; and
(H)deficiencies in thermostats;
(3) in electric units, report as Deficient
deficiencies in:
(A) operation of heating elements;
and
(B) condition of conductors; and
(4) in gas units, report as Deficient:
(A) gas leaks;
(B) the presence of forced air in the
burner compartment;
(C) flame impingement, uplifting
flame, improper flame color, or excessive scale
buildup;
(D)the lack of a gas shut-off valve;
and
(E) deficiencies in:
(i) conditioned, combustion, and
dilution air;
(ii) gas shut-off valves and
locations;
(iii) gas connector materials and
connections; and
(iv) the vent pipe, draft hood,
draft, proximity to combustibles, and vent
termination point and clearances.
(b) Cooling equipment other than
evaporative coolers. The inspector shall:
(1) report the type of system(s); and
(2) report as Deficient:
(A)inoperative unit(s);
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(B)inadequate cooling as
demonstrated by its performance in the
reasonable judgment of the inspector;
(C)inadequate access and
clearances;
(D)noticeable vibration of the blower
fan or condensing fan;
(E) deficiencies in the condensate
drain and auxiliary/secondary pan and drain
system;
(F) water in the auxiliary/secondary
drain pan;
(G)a primary drain pipe that
terminates in a sewer vent;
(H)missing or deficient refrigerant
pipe insulation;
(I) dirty evaporator or condensing
coils, where accessible;
(J) damaged casings on the coils;
(K)a condensing unit lacking
adequate clearances or air circulation or that
has deficiencies in the condition of fins,
location, levelness, or elevation above ground
surfaces;
(L) deficiencies in mounting and
operation of window or wall units; and
(M) deficiencies in thermostats.
(c) Evaporative coolers. The inspector
shall:
(1) report:
(A) type of system(s) (one- or twospeed);
(B) the type of water supply line; and
(C) winterized units that are drained
and shut down; and
(2) report as Deficient:
(A) inoperative units;
(B)inadequate access and
clearances;
(C) corrosive and mineral build-up or
rust damage/decay at the pump, louvered
panels, water trays, exterior housing, or the
roof frame;
(D)less than a one-inch air gap
between the water discharge at the float and
water level in the reservoir;
(E) corrosion, decay, or rust on the
pulleys of the motor or blower;
(F) the lack of a damper; and
(G)deficiencies in the:
(i) function of the pump;
(ii) interior housing, the spider
tubes, tube clips, bleeder system;
(iii)blower and bearings;
(iv)float bracket;
(v) fan belt;
(vi)evaporative pad(s);
(vii) installation and condition of
the legs on the roof rails and fasteners to the
roof structure and the unit;
(viii) roof jack; and
(ix)thermostats.
(d) Duct system, chases, and vents. The
inspector shall report as Deficient:
(1) damaged ducting or insulation,
improper material, or improper routing of
ducts;
(2) the absence of air flow at accessible
supply registers in the habitable areas of the
structure;
(3) improper or inadequate clearance
from the earth; and
(4) deficiencies in:
(A)duct fans;
(B)filters;
(C)grills or registers;
(D)the location of return air
openings; and
(E)gas piping, sewer vents,
electrical wiring, or junction boxes in the duct
system, plenum(s), and chase(s).
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(e) Specific limitations for the heating
equipment, cooling equipment, duct system,
chases, and vents. The inspector is not
required to:
(1) program digital thermostats or
controls;
(2) inspect:
(A)for pressure of the system
refrigerant, type of refrigerant, or refrigerant
leaks;
(B)winterized evaporative coolers;
or
(C)humidifiers, dehumidifiers, air
purifiers, motorized dampers, electronic air
filters, multi-stage controllers, sequencers, heat
reclaimers, wood burning stoves, boilers, oilfired
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;
(C) radiant heaters, steam heat
systems, or unvented gas-fired heating
appliances; or
(D) heat pumps when temperatures
may damage equipment;
(4) verify:
(A) compatibility of components;
(B) the accuracy of thermostats; or
(C) the integrity of the heat
exchanger; or
(5) determine:
(A) sizing, efficiency, or adequacy of
the system;
(B) uniformity of the supply of
conditioned air to the various parts of the
structure; or
(C) types of materials contained in
insulation.
§535.231. Standards of Practice: Minimum
Inspection Requirements for Plumbing
Systems.
(a) Plumbing systems. The inspector shall:
(1) report:
(A) static water pressure;
(B) location of water meter; and
(C) location of main water supply
valve; and
(2) report as Deficient:
(A) the presence of active leaks;
(B) the lack of fixture shut-off
valves;
(C) the lack of dielectric unions,
when applicable;
(D)the lack of back-flow devices,
anti-siphon devices, or air gaps at the flow end
of fixtures;
(E) water pressure below 40 psi or
above 80 psi static;
(F) the lack of a pressure reducing
valve when the water pressure exceeds 80 PSI;
(G)the lack of an expansion tank at
the water heater(s) when a pressure reducing
valve is in place at the water supply
line/system; and
(H) deficiencies in:
(i) water supply pipes and waste
pipes;
(ii) the installation and
termination of the vent system;
(iii)the operation of fixtures and
faucets not connected to an appliance;
(iv)water supply, as determined by
viewing functional flow in two fixtures operated
simultaneously;
(v) functional drainage at fixtures;
(vi)orientation of hot and cold
faucets;
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(vii) installed mechanical drain
stops;
(viii) installation, condition, and
operation of commodes;
(ix)fixtures, showers, tubs, and
enclosures; and
(x) the condition of the gas
distribution system.
(b) Specific limitations for plumbing
systems. The inspector is not required to:
(1) operate any main, branch, or shutoff
valves;
(2) operate or inspect sump pumps or
waste ejector pumps;
(3) inspect:
(A)any system that has been
winterized, shut down or otherwise secured;
(B)circulating pumps, free-standing
appliances, solar water heating systems, waterconditioning
equipment, filter systems, water
mains, private water supply systems, water
wells, pressure tanks, sprinkler systems,
swimming pools, or fire sprinkler systems;
(C) the inaccessible gas supply
system for leaks;
(D)for sewer clean-outs; or
(E)for the presence or operation of
private sewage disposal systems;
(4) determine:
(A) quality, potability, or volume of
the water supply; or
(B) effectiveness of backflow or antisiphon
devices; or
(5) verify the functionality of clothes
washing drains or floor drains.
(c) Water heaters. The inspector shall:
(1) report the energy source;
(2) report the capacity of the unit(s);
(3) report as Deficient:
(A)inoperative unit(s);
(B)leaking or corroded fittings or
tank(s);
(C) broken or missing parts or
controls;
(D)the lack of a cold water shut-off
valve;
(E)if applicable, the lack of a pan
and drain system and the improper termination
of the pan drain line;
(F)an unsafe location;
(G)burners, burner ignition devices
or heating elements, switches, or thermostats
that are not a minimum of 18 inches above the
lowest garage floor elevation, unless the unit is
listed for garage floor installation;
(H) inappropriate location;
(I) inadequate access and
clearances;
(J) the lack of protection from
physical damage;
(K) a temperature and pressure relief
valve that:
(i) does not operate manually;
(ii) leaks;
(iii) is damaged;
(iv) cannot be tested due to
obstructions;
(v) is corroded; or
(vi) is improperly located; and
(L) temperature and pressure relief
valve discharge piping that:
(i) lacks gravity drainage;
(ii) is improperly sized;
(iii)has inadequate material; or
(iv)lacks proper termination;
(4) in electric units, report as Deficient
deficiencies in:
(A) operation of heating elements;
and
(B) condition of conductors; and
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Rules Adopted at the October 27, 2008 Meeting
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(5) in gas units, report as Deficient:
(A) gas leaks;
(B) lack of burner shield(s);
(C) flame impingement, uplifting
flame, improper flame color, or excessive scale
build-up;
(D)the lack of a gas shut-off valve;
and
(E) deficiencies in:
(i) combustion and dilution air;
(ii) gas shut-off valve(s) and
location(s);
(iii) gas connector materials and
connections; and
(iv)vent pipe, draft hood, draft,
proximity to combustibles, and vent
termination point and clearances.
(d) Specific limitations for water heaters.
The inspector is not required to:
(1) verify the effectiveness of the
temperature and pressure relief valve,
discharge piping, or pan drain pipes;
(2) operate the temperature and
pressure relief valve if the operation of the
valve may, in the inspector’s reasonable
judgment, cause damage to persons or
property; or
(3) determine the efficiency or adequacy
of the unit.
(e) Hydro-massage therapy equipment.
The inspector shall report as Deficient:
(1) inoperative unit(s) and controls;
(2) the presence of active leaks;
(3) inaccessible pump(s) or motor(s);
(4) the lack or failure of required
ground-fault circuit interrupter protection; and
(5) deficiencies in the ports, valves,
grates, and covers.
(f) Specific limitation for hydro-massage
therapy equipment. The inspector is not
required to determine the adequacy of selfdraining
features of circulation systems.
§535.232. Standards of Practice: Minimum
Inspection Requirements for Appliances.
(a) Dishwasher. The inspector shall report
as Deficient:
(1) inoperative unit(s);
(2) rust on the interior of the cabinet or
components;
(3) failure to drain properly;
(4) the presence of active water leaks;
and
(5) deficiencies in the:
(A)door gasket;
(B)control and control panels;
(C)dish racks;
(D)rollers;
(E) spray arms;
(F) operation of the soap dispenser;
(G)door springs;
(H)dryer element;
(I) door latch and door disconnect;
(J) rinse cap;
(K)secure mounting of the unit; and
(L) backflow prevention.
(b) Food waste disposer. The inspector shall
report as Deficient:
(1) inoperative unit(s);
(2) unusual sounds or vibration level;
(3) the presence of active water leaks;
and
(4) deficiencies in the:
(A) splash guard;
(B) grinding components;
(C) exterior casing; and
(D) secure mounting of the unit.
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(c) Range exhaust vent. The inspector shall
report as Deficient:
(1) inoperative unit(s);
(2) a vent pipe that does not terminate
outside the structure, if the unit is not of a recirculating
type or configuration;
(3) inadequate vent pipe material;
(4) unusual sounds or vibration levels
from the blower fan(s);
(5) blower(s) that do not operate at all
speeds; and
(6) deficiencies in the:
(A)filter;
(B)vent pipe;
(C)light and lens;
(D)secure mounting of the unit; and
(E) switches.
(d) Electric or gas ranges, cooktops, and
ovens. The inspector shall report as Deficient:
(1) inoperative unit(s);
(2) the lack of a gas shut-off valve;
(3) gas leaks; and
(4) deficiencies in the:
(A)controls and control panels;
(B)thermostat(s) sensor support;
(C)glass panels;
(D)door gasket(s), hinges, springs,
closure, and handles;
(E) door latch;
(F)heating elements or burners;
(G)thermostat accuracy (within 25
degrees at a setting of 350 °F);
(H)drip pans;
(I) lights and lenses;
(J)clearance to combustible
material;
(K)anti-tip device;
(L)gas shut-off valve(s) and
location(s);
(M) gas connector materials and
connections; and
(N)secure mounting of the unit.
(e) Microwave oven. The inspector shall:
(1) inspect built-in units; and
(2) report as Deficient:
(A) inoperative unit(s); and
(B) deficiencies in the:
(i) controls and control panels;
(ii) handles;
(iii) the turn table;
(iv) interior surfaces;
(v) door and door seal;
(vi) glass panels;
(vii) lights and lenses;
(viii) secure mounting of the
unit; and
(ix) operation, as determined by
heating a container of water or with other
means of testing.
(f) Trash compactor. The inspector shall
report as Deficient:
(1) inoperative unit(s);
(2) unusual sounds or vibration levels;
and
(3) deficiencies in the secure mounting
of the unit.
(g) Mechanical exhaust vents and bathroom
heaters. The inspector shall report as
Deficient:
(1) inoperative unit(s);
(2) unusual sounds, speed, and vibration
levels;
(3) vent pipes that do not terminate
outside the structure;
(4) a gas heater that is not vented to
the exterior of the structure; and
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(5) the lack of an exhaust ventilator in
required areas.
(h) Garage door operators. The inspector
shall report as Deficient:
(1) inoperative unit(s);
(2) door locks or side ropes that have
not been removed or disabled; and
(3) deficiencies in:
(A)installation;
(B)condition and operation of the
garage door operator;
(C)automatic reversal during the
closing cycle;
(D)electronic sensors;
(E) the control button; and
(F)the emergency release
components.
(i) Doorbell and chimes. The inspector
shall report as Deficient:
(1) inoperable unit(s); and
(2) deficiencies in components.
(j) Dryer vents. The inspector shall report
as Deficient:
(1) improper routing and length of vent
pipe;
(2) inadequate vent pipe material;
(3) improper termination;
(4) the lack of a dryer vent system when
provisions are present for a dryer; and
(5) damaged or missing exterior cover.
(k) Specific limitations for appliances. The
inspector is not required to:
(1) operate or determine the condition
of other auxiliary components of inspected
items;
(2) test for microwave oven radiation
leaks;
(3) inspect self-cleaning functions;
(4) test trash compactor ram pressure;
or
(5) determine the adequacy of venting
systems.
§535.233. Standards of Practice: Minimum
Inspection Requirements for Optional
Systems. If an inspector agrees to inspect a
component described in this section, §535.227
of this title relating to Standards of Practice:
General Provisions and the applicable
provisions below apply.
(1) Lawn and garden sprinkler systems.
The inspector shall:
(A) manually operate all zones or
stations on the system; and
(B) report as Deficient:
(i) surface water leaks;
(ii)the absence or improper
installation of anti-siphon devices and backflow
preventers;
(iii)the absence of shut-off valves;
(iv)deficiencies in water flow or
pressure at the zone heads;
(v)the lack of a rain or freeze
sensor;
(vi)deficiencies in the condition of
the control box; and
(vii) deficiencies in the operation of
each zone, associated valves, and spray head
patterns.
(2) Specific limitations for lawn and garden
sprinkler systems. The inspector is not
required to inspect:
(A) for effective coverage of the
sprinkler system;
(B) the automatic function of the timer
or control box;
(C) the effectiveness of the rain or
freeze sensor; or
(D) sizing and effectiveness of antisiphon
devices or backflow preventers.
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(3)Swimming pools, spas, hot tubs, and
equipment. The inspector shall:
(A) report the type of construction;
(B) report as Deficient:
(i) a pump motor, blower, or other
electrical equipment that lacks bonding;
(ii)the absence of or deficiencies in
safety barriers;
(iii) water leaks in above-ground
pipes and equipment;
(iv) deficiencies in lighting
fixture(s);
(v)the lack or failure of required
ground-fault circuit interrupter protection; 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; and
(V) filters, gauges, pumps,
motors, controls, and sweeps; and
(C) when inspecting a pool heater,
report deficiencies that these standards of
practice require to be reported for the heating
system.
(4)Specific limitations for swimming pools,
spas, hot tubs, and equipment. The inspector
is not required to:
(A) dismantle or otherwise open any
components or lines;
(B) operate valves;
(C) uncover or excavate any lines or
concealed components of the system or
determine the presence of sub-surface leaks;
(D) fill the pool, spa, or hot tub with
water;
(E) inspect any system that has been
winterized, shut down, or otherwise secured;
(F) determine the presence of subsurface
water tables; or
(G) 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.
(5) Outbuildings. The inspector shall report
as Deficient:
(A) the lack of ground-fault circuit
interrupter protection in grade-level portions of
unfinished accessory buildings used for storage
or work areas, boathouses, and boat hoists;
and
(B) deficiencies in the structural,
electrical, plumbing, heating, ventilation, and
cooling systems that these standards of
practice require to be reported for the principal
structure.
(6) Outdoor cooking equipment. The
inspector shall:
(A) inspect the built-in equipment; and
(B) report the energy source; and
(C) report as Deficient:
(i) inoperative unit(s);
(ii) a unit or pedestal that is not
stable;
(iii) gas leaks; and
(iv) deficiencies in:
(I) operation;
(II) control knobs, handles,
burner bars, grills, the box, the rotisserie (if
present), and heat diffusion material;
(III) gas shut-off valve(s) and
location(s); and
(IV) gas connector materials and
connections.
(7) Gas supply systems. The inspector
shall:
(A) test gas lines using a local or an
industry-accepted procedure; and
(B) report as Deficient:
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Rules Adopted at the October 27, 2008 Meeting
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(i) leaks; and
(ii)deficiencies in the condition and
type of gas piping, fittings, and valves.
(8) Specific limitation for gas lines. The
inspector is not required to inspect sacrificial
anode bonding or for its existence.
(9) Private water wells. The inspector shall:
(A) operate at least two fixtures
simultaneously;
(B) recommend or arrange to have
performed water quality or potability testing;
(C) report:
(i) the type of pump and storage
equipment; and
(ii)the proximity of any known septic
system; and
(D) report as Deficient deficiencies in:
(i) water pressure and flow and
operation of pressure switches;
(ii) the condition of visible and
accessible equipment and components; and
(iii) the well head, including
improper site drainage and clearances.
(10) Specific limitations for private water
wells. The inspector is not required to:
(A) open, uncover, or remove the pump,
heads, screens, lines, or other components or
parts of the system;
(B) determine the reliability of the water
supply or source; or
(C) locate or verify underground water
leaks.
(11) Private sewage disposal (septic)
systems. The inspector shall:
(A) report:
(i) the type of system;
(ii) the location of the drain field;
and
(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; and
(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 or visible
components;
(II)functional flow;
(III) site drainage and clearances
around or adjacent to the system; and
(IV) the aerobic discharge
system.
(12) Specific limitations for individual
private sewage disposal (septic) systems. The
inspector is not required to:
(A) excavate or uncover the system or
its components;
(B) determine the size, adequacy, or
efficiency of the system; or
(C) determine the type of construction
used.
(13) Whole-house vacuum system. The
inspector shall report as Deficient:
(A) inoperative units;
(B) deficiencies in the main unit; and
(C) deficiencies in outlets.
(14) Specific limitations for whole-house
vacuum systems. The inspector is not required
to:
(A) inspect the attachments or hoses; or
(B) verify that accessory components
are present.
(15) Other built-in appliances. The
inspector shall report deficiencies in condition
or operation of other built-in appliances not
listed in this section.
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Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
Page 20 of 20
This agency hereby certifies that the repeal has
been reviewed by legal counsel and found to be
within the agency’s legal authority to adopt.
Issued in Austin, Texas, on November 3, 2008.
TRD #: 200805777
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Effective Date: February 1, 2009