TITLE 22. EXAMINING BOARDS

PART 9. TEXAS MEDICAL BOARD

CHAPTER 187. PROCEDURAL RULES

The Texas Medical Board (Board) adopts amendments to Subchapter A: General Provisions and Definitions, §187.2 concerning Definitions and §187.6 concerning Appearances Personally or by Representative; and Subchapter B: Informal Board Proceedings, §187.16, concerning Informal Show Compliance (ISC) Information and Notices. The amendments to §§187.2, 187.6, and 187.16 are being adopted without changes to the proposed text as published in the July 23, 2021, issue of the Texas Register (46 TexReg 4433). The adopted amendments to §§187.2, 187.6, and 187.16 will not be republished.

Amendments to §187.2, Definitions, §187.6, Appearances Personally or by Representative, and §187.16, Informal Show Compliance (ISC) Information and Notices are adopted as follows:

§187.2(6), relating to Definitions, adds a definition of "appear/appearance."

§187.6, relating to Appearances Personally or by Representative and §187.16, relating to Informal Show Compliance (ISC) Information and Notices, were amended to incorporate consistent usage of the term "appear" and "appearance.

The Board received written comments from the Texas Medical Association (TMA) regarding the proposed amendments to §§187.2, 187.6, 187.16 and a representative from TMA appeared to testify regarding the amendments to §§187.2, 187.6, 187.16 at the public hearing on August 20, 2021. A summary of comments relating to §§187.2, 187.6, 187.16, and the Board responses, are as follows.

TMA supports the proposed change to allow a licensee to appear at an ISC proceeding via videoconference or teleconference but asks that the Board retain an "in-person" option for appearance when it is safe to do so.

The Board's response: The Board understands but maintains that videoconference or teleconference ISCs provide an adequate means for licensees and their representatives to respond to and address alleged violations of the Medical Practice Act and other applicable laws regarding the practice of medicine through the statutorily required ISC process and is more effective and cost efficient for all parties involved.

TMA also requests that the Board to allow an exception to the 15-day deadline to request a teleconference meeting for "good cause" to ensure the physician is not unfairly penalized for circumstances outside the physician's reasonable control, such as technological issues.

The Board's response: The definition does not require 15-day notice of a respondent's inability to utilize videoconference and states only provides that if a respondent is aware that videoconference is not a feasible option, they may request a teleconference. In the event respondent does not request a teleconference at least 15 days prior to the ISC, such cases can be considered on a case-by-case "good-cause" basis to ensure due process for respondents.

TMA requests that the Board include "or authorized representative, or both" in the definition for "appear/appearance" in §187.2(6), in order to clarify that an authorized representative may also request teleconference.

The Board's response: The Board declines TMA's request to include additional language in §187.2(6) as such language is already included in §187.6(a), with regard to representation and appearance, and such is an integral function of legal representation.

For these reasons, the Board declines TMA's requests for additional changes and adopts the amendments to the proposed text for §§187.2, 187.6, 187.16 as published in the July 23, 2021, issue of the Texas Register (46 TexReg 4433).

SUBCHAPTER A. GENERAL PROVISIONS AND DEFINITIONS

22 TAC §187.2, §187.6

The amendments are adopted under the authority of Texas Occupations Code §§153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act and to adopt rules necessary to regulate and license physicians.

Other statutes affected by this rule are Chapters 151 and 164 of the Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 23, 2021.

TRD-202103315

Scott Freshour

General Counsel

Texas Medical Board

Effective date: September 12, 2021

Proposal publication date: July 23, 2021

For further information, please call: (512) 305-7016


SUBCHAPTER B. INFORMAL BOARD PROCEEDINGS

22 TAC §187.16

The amendments are adopted under the authority of Texas Occupations Code §§153.001, which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act and to adopt rules necessary to regulate and license physicians.

Other statutes affected by this rule are Chapters 151 and 164 of the Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 23, 2021.

TRD-202103316

Scott Freshour

General Counsel

Texas Medical Board

Effective date: September 12, 2021

Proposal publication date: July 23, 2021

For further information, please call: (512) 305-7016


PART 23. TEXAS REAL ESTATE COMMISSION

CHAPTER 535. GENERAL PROVISIONS

SUBCHAPTER R. REAL ESTATE INSPECTORS

22 TAC §§535.223, 535.227 - 535.233

The Texas Real Estate Commission (TREC) adopts amendments to §535.227, Standards of Practice: General Provisions; §535.228, Standards of Practice: Minimum Inspection Requirements for Structural Systems; §535.229, Standards of Practice: Minimum Inspection Requirements for Electrical Systems; §535.230, Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems; §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems; §535.232, Standards of Practice: Minimum Inspection Requirements for Appliances; §535.233, Standards of Practice: Minimum Inspection Requirements for Optional Systems; and §535.223, Standard Inspection Report Form, and the form adopted by reference, in Subchapter R of Chapter 535, General Provisions, with non-substantive changes to the proposed text as published in the May 21, 2021, issue of the Texas Register (46 TexReg 3228) with a correction to the preamble in the May 28, 2021, issue (46 TexReg 3459). The rules will be republished.

The amendments to §535.227 require an inspector to use all reasonable and appropriate tools necessary to comply with the requirements of Standards of Practice and specifies that if an inspector provides services beyond the scope of the Standards of Practice as part of a real estate inspection must be competent to provide those services. Additionally, the amendments to §535.227 clarify that an inspector cannot perform an inspection for a client until they have notified the client of any systems or components the inspector does not routinely inspect that are otherwise required by the Standards of Practice. Finally, the amendments to §535.227 include a new definition for "gas distribution system" to conform to changes made by amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

The amendments to §535.228 update requirements for garage doors to better reflect current building code requirements and clarify reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

The amendments to §535.229 update the requirements for electrical systems to better reflect current building code requirements.

The amendments to §535.230 clarify what an inspector is required to do and report when determining if a HVAC system is functioning properly. The amendments to §535.230 also clarify reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

The amendments to §535.231 require an inspector to report the material used for water supply lines, water drain lines, and the gas distribution system, specify that certain items are required to be reported when only when visible, and require an inspector to report water pressure exceeding 80 PSI. The amendments to §535.231 move the requirements related the inspection of a gas distribution system that are currently contained in various other sections of the Standards of Practice to a new subsection (d) of this section and clarify reporting requirements for gas fixtures and appliance listed under this section to conform to the new subsection (d).

The amendments to §535.232 move the general exception to the requirements of this section to the end of the rule to mirror other sections of the Standards of Practice. The amendments to §535.232 also update the requirements for bathroom ventilation to better reflect current building code requirements, specify that certain items are required to be reported when only when visible, and clarify the reporting requirements for gas fixtures and appliance listed under this section to conform to changes made by amendments to §535.231, Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

The amendments to §535.233 add an optional reporting requirement for built-in appliances, specify that an inspector is not required to report on the performance of an underground zone of a sprinkler system, and clarify that private sewage system is not limited to a septic system.

The amendments to §535.223 and the form adopted by reference clarify the requirement when an inspector uses computer software or other means to produce an inspection report to ensure that in complies with established reporting requirements.

The amendments were recommended by the Texas Real Estate Inspector Committee (Committee).

Twenty-four comments were received on the amendments to the Standards of Practice ("SOP") as published. The Texas Real Estate Inspector Committee ("Committee") reviewed all public comments received both through a meeting of the Inspector SOP Subcommittee and a regular Committee meeting.

Multiple comments were made regarding whether the term "competency" needed to be defined. The Committee determined such a definition was not needed and that TREC Enforcement is able to determine competency during the course of its complaint investigations. Multiple comments were made regarding overall numbering and consistency in the terminology used throughout the rule. The Committee recommended those changes be made. Multiple comments recommended changing the term "garage door" to "garage doorway," which tracks language found in code. The Committee recommended this change be made. Multiple comments recommended adding language clarifying that an inspector must call out as deficient "the absence of" arc-fault protection in certain locations under §535.229(b)(1)(C)(ii). The Committee recommended this change be made.

After lengthy discussion of comments related to §535.229 and the need to clarify language related to non-tamper resistant receptacles less than five and a half fee above the floor, changes were also recommended by the Committee to make this change. Finally, in response to public comment, the Committee recommended the addition of language to §535.232 clarifying that an inspector is not required to operate or determine the condition of other built in appliances, except as provided under §535.233(h) related to optional systems.

Nine comments were received specific to changes made to the Inspection Report Form under §535.223. One comment requested alternate capitalization of language in the form, which the Committee did not recommend making a change to because it was unnecessary. One comment requested a voluntary use period, which will be implemented at the agency level and does not require any change be made to the rule as originally proposed.

Several comments noted there may be issues with software companies implementing some of the changes to the form; however, research was conducted by the SOP subcommittee during drafting of revisions that indicates this will not be a major issue. As such, the Committee did not recommend any changes in response to those comments.

One commenter requested correcting what he perceived and a longtime drafting issue on the report form. The committee disagreed that this was an error and did not recommend making any changes.

The Committee noted that the form rule as proposed did not reflect the addition of the "other" reporting category to all sections of the report form. Inspectors are allowed to delete the "other" section from the applicable sections of report if it is not utilized. Because the "other" section was added to all sections of the form, the Committee recommended amending the form rule to reflect that addition. There were two comments opposed to the changes generally, which did not result in any recommended changes.

The Commission adopted the non-substantive changes recommended by the Texas Real Estate Inspector Committee as described above.

Statutory Authority

The amendments are adopted under Texas Occupations Code §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102.

§535.223.Standard Inspection Report Form.

The Commission adopts by reference Property Inspection Report Form REI 7-6, approved by the Commission for use in reporting inspections results. This document is published by and available from the Commission website: www.trec.texas.gov, or by writing to the Commission at Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.

(1) Except as provided by this section, inspections performed for a prospective buyer or prospective seller of substantially complete one-to-four family residential property shall be reported on Form REI 7-6 adopted by the Commission ("the standard form").

(2) If an inspector uses computer software or other means to produce an inspection report, the inspector must reproduce the text of the standard form verbatim and the spacing, borders and placement of text must be identical to the standard form.

(3) An inspector may make the following changes to the standard form:

(A) delete the line for name and license number, of the sponsoring inspector, if the inspection was performed solely by a professional inspector;

(B) change the typeface; provided that it is no smaller than a 10 point font;

(C) change the color of the typeface and checkboxes;

(D) use legal sized (8-1/2" by 14") paper;

(E) add a cover page to the report form;

(F) add footers to each page of the report except the first page and may add headers to each page of the report;

(G) place the property identification and page number at either the top or bottom of the page;

(H) add subheadings under items, provided that the numbering of the standard items remains consistent with the standard form;

(I) list other items in the corresponding appropriate section of the report form and additional captions, letters, and check boxes for those items;

(J) delete inapplicable subsections of Section VI., Optional Systems, and re-letter any remaining subsections;

(K) delete "Other" subsections of Section I. through Section VI.;

(L) as the inspector deems necessary:

(i) allocate such space for comments in:

(I) the "Additional Information Provided by the Inspector" section; and

(II) each section provided for comments for each inspected item;

(ii) attach additional pages of comments; or

(iii) both;

(M) include a service agreement/inspection contract or contractual terms between the inspector and a client with the standard form under the "Additional Information Provided by the Inspector" section or as an attachment to the standard form;

(N) attach additional pages to the form if:

(i) it is necessary to report the inspection of a component, or system not contained in the standard form; or

(ii) the space provided on the form is inadequate for a complete reporting of the Inspection;

(O) attach additional reporting information produced by computer software so long as the standard report form is provided before that information; and

(P) Remove the Commission's logo or substitute the inspector's logo in place of the Commission's logo.

(4) The inspector shall renumber the pages of the standard form to correspond with any changes made necessary due to adjusting the space for comments or adding additional items and shall number all pages of the report, including any addenda.

(5) The inspector shall indicate, by checking the appropriate boxes on the form, whether each item was inspected, not inspected, not present, or deficient and explain the findings in the corresponding section in the body of the report form.

(6) This section does not apply to the following:

(A) re-inspections of a property performed for the same client;

(B) inspections performed for or required by a lender or governmental agency;

(C) inspections for which federal or state law requires use of a different report;

(D) quality control construction inspections of new homes performed for builders, including phased construction inspections, inspections performed solely to determine compliance with building codes, warranty or underwriting requirements, or inspections required by a municipality and the builder or other entity requires use of a different report, and the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a builder or other entity in accordance with the builder's requirements. The report is not intended as a substitute for an inspection of the property by an inspector of the buyer's choice. Standard inspections performed by a license holder and reported on Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase." If a report form required for use by the builder or builder's employee does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector;

(E) an inspection of a building or addition that is not substantially complete; or

(F) inspections of a single system or component as outlined in clause (ii) of this subparagraph, provided that the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a buyer or seller in accordance with the client's requirements. The report addresses a single system or component and is not intended as a substitute for a complete standard inspection of the property. Standard inspections performed by a license holder and reported on a Commission promulgated report form may contain additional information a buyer should consider in making a decision to purchase."

(i) If the client requires the use of a report form that does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector.

(ii) An inspection is considered to be of a single system or component if the inspection only addresses one of the following or a portion thereof:

(I) foundation;

(II) framing/structure, as outlined in §535.213(e)(2) of this title;

(III) building enclosure;

(IV) roof system;

(V) plumbing system;

(VI) electrical system;

(VII) HVAC system;

(VIII) a single appliance; or

(IX) a single optional system as stated in the Standards of Practice.

§535.227.Standards of Practice: General Provisions.

(a) Scope.

(1) These standards of practice apply when a professional inspector or real estate inspector who is licensed under this chapter accepts employment to perform a real estate inspection for a prospective buyer or seller of real property.

(2) These standards of practice define the minimum requirements for a real estate inspection conducted on a one to four family unit that is substantially completed. Substantially completed means the stage of construction when a new building, addition, improvement, or alteration to an existing building can be occupied or used for its intended purpose.

(3) For the purposes of these standards of practice a real estate inspection:

(A) is a limited visual survey and basic performance evaluation of the systems and components of a building using normal controls that provides information regarding the general condition of a residence at the time of inspection;

(B) is not intended to be a comprehensive investigation or exploratory probe to determine the cause or effect of deficiencies noted by the inspector; and

(C) requires the use of reasonable and appropriate tools to satisfy the requirements of the standards of practice. However an inspection does not require the use of:

(i) specialized equipment, including but not limited to:

(I) thermal imaging equipment;

(II) moisture meters;

(III) gas or carbon monoxide detection equipment;

(IV) environmental testing equipment and devices;

(V) elevation determination devices;

(VI) ladders capable of reaching surfaces over one story above ground surfaces;

(VII) cameras or other tools used to inspect the interior of a drain or sewer line; or

(VIII) drones; or

(ii) specialized procedures, including but not limited to:

(I) environmental testing;

(II) elevation measurement;

(III) calculations; or

(IV) any method employing destructive testing that damages otherwise sound materials or finishes.

(4) These standards of practice do not prohibit an inspector from providing a higher level of inspection performance than required by these standards of practice or from inspecting components and systems in addition to those listed under the standards of practice. If an inspector provides services beyond the scope required by these standards of practice, including the use of specialized equipment, or inspects components and systems in addition to those listed under the standards of practice, the inspector must possess the competency required to do so.

(b) Definitions.

(1) Accessible--In the reasonable judgment of the inspector, capable of being approached, entered, or viewed without:

(A) hazard to the inspector;

(B) having to climb over obstacles, moving furnishings or large, heavy, or fragile objects;

(C) using specialized equipment or procedures;

(D) disassembling items other than covers or panels intended to be removed for inspection;

(E) damaging property, perm nent construction or building finish; 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) Component--A part of a system.

(4) Cosmetic--Related only to appearance or aesthetics, and not related to performance, operability, or water penetration.

(5) Deficiency--In the reasonable judgment of the inspector, a condition that:

(A) adversely and materially affects the performance of a system, or component; or

(B) constitutes a hazard to life, limb, or property as specified by these standards of practice.

(6) Deficient--Reported as having one or more deficiencies.

(7) Gas distribution system--All gas lines between the point of delivery and appliance shutoff valves.

(A) The point of delivery for a natural gas system is:

(i) the outlet of the service meter assembly;

(ii) the outlet of the service regulator; or

(iii) the service shut valve where a meter is not provided. Where a system shutoff valve is provided after the outlet of the service meter assembly, such valve shall be considered to be downstream of the point of delivery.

(B) The point of delivery for undiluted liquefied petroleum gas systems is the outlet of the service pressure regulator, exclusive of line gas regulators, in the system.

(8) Inspect--To operate in normal ranges using ordinary controls at typical settings, look at and examine accessible systems or components and report observed deficiencies as specified by these standards of practice.

(9) Performance--Achievement of an operation, function or configuration relative to accepted industry standard practices with consideration of age and normal wear and tear from ordinary use.

(10) Report--To provide the inspector's opinions and findings regarding systems and components required by the standards of practice.

(11) Standards of practice--§§535.227 - 535.233 of this title.

(c) General Requirements. The inspector shall:

(1) operate fixed or installed equipment and appliances listed herein in at least one mode with ordinary controls at typical settings;

(2) 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

(3) complete the standard inspection report form as required by §535.222 and §535.223 of this title.

(d) General limitations. The inspector is not required to:

(1) inspect:

(A) items other than those listed within these standards of practice;

(B) elevators;

(C) detached buildings, decks, docks, fences, waterfront structures, or related equipment;

(D) anything buried, hidden, latent, or concealed;

(E) sub-surface drainage systems;

(F) automated or programmable control systems, automatic shutoff, photoelectric sensors, timers, clocks, metering devices, signal lights, lightning arrestor system, remote controls, security or data distribution systems, solar panels or smart home automation components; or

(G) concrete flatwork such as driveways, sidewalks, walkways, paving stones or patios;

(2) report:

(A) past repairs that appear to be effective and workmanlike except as specifically required by these standards;

(B) cosmetic or aesthetic conditions; or

(C) wear and tear from ordinary use;

(3) determine:

(A) the presence or absence of pests, termites, or other wood-destroying insects or organisms;

(B) the presence, absence, or risk of:

(i) asbestos;

(ii) lead-based paint;

(iii) mold, mildew;

(iv) corrosive or contaminated drywall "Chinese Drywall"; or

(v) any other environmental hazard, environmental pathogen, carcinogen, toxin, mycotoxin, pollutant, fungal presence or activity, or poison;

(C) types of wood or preservative treatment and fastener compatibility;

(D) the cause or source of a condition;

(E) the cause or effect of deficiencies; or

(F) any of the following issues concerning a system or component:

(i) insurability or warrantability;

(ii) suitability, adequacy, compatibility, capacity, reliability, marketability, or operating costs;

(iii) recalls, counterfeit products, or product lawsuits;

(iv) life expectancy or age;

(v) energy efficiency, vapor barriers, or thermostatic performance;

(vi) compliance with any code, listing, testing or protocol authority;

(vii) utility sources; or

(viii) manufacturer or regulatory requirements, except as specifically required by these standards;

(4) anticipate future events or conditions, including but not limited to:

(A) decay, deterioration, or damage that may occur after the inspection;

(B) deficiencies from abuse, misuse or lack of use;

(C) changes in performance of any component or system due to changes in use or occupancy;

(D) the consequences of the inspection or its effects on current or future buyers and sellers;

(E) common household accidents, personal injury, ordeath;

(F) the presence of water penetrations; or

(G) future performance of any item;

(5) operate shutoff, safety, stop, pressure or pressure-regulating valves or items requiring the use of codes, keys, combinations, or similar devices;

(6) designate conditions as safe;

(7) recommend or provide engineering, architectural, appraisal, mitigation, physical surveying, realty, or other specialist services;

(8) review historical records, installation instructions, repair plans, cost estimates, disclosure documents, or other reports;

(9) verify sizing, efficiency, or adequacy of the ground surface drainage system;

(10) verify sizing, efficiency, or adequacy of the gutter and downspout system;

(11) operate recirculation or sump pumps;

(12) remedy conditions preventing inspection of any item;

(13) apply open flame or light a pilot to operate any appliance;

(14) turn on decommissioned equipment, systems or utility services; or

(15) provide repair cost estimates, recommendations, or re-inspection services.

(e) In the event of a conflict between the general provisions set out in this section, and the specific provisions specified elsewhere in the standards of practice, specific provisions shall take precedence.

(f) Departure provision.

(1) An inspector may depart from the inspection of a component or system required by the standards of practice only if:

(A) the inspector and client agree the item is not to be inspected;

(B) the inspector is not qualified to inspect the item;

(C) in the reasonable judgment of the inspector, the inspector determines that:

(i) conditions exist that prevent inspection of an item;

(ii) conditions or materials are hazardous to the health or safety of the inspector; or

(iii) the actions of the inspector may cause damage to the property; or

(D) 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.

(2) If an inspector departs from the inspection of a component or system required by the standards of practice, the inspector shall:

(A) notify the client at the earliest practical opportunity that the component or system will not be inspected; and

(B) make an appropriate notation on the inspection report form, stating the reason the component or system was not inspected.

(3) If the inspector routinely departs from inspection of a component or system required by the standards of practice, and the inspector has reason to believe that the property being inspected includes that component or system, the inspector shall not perform the inspection of the property until the inspector notifies the client, or the prospective client, that the component or system will not be inspected.

(g) 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.

(1) The inspector shall:

(A) render a written opinion as to the performance of the foundation;

(B) report:

(i) the type of foundations; and

(ii) the vantage point from which the crawl space was inspected;

(C) generally report present and visible indications used to render the opinion of adverse performance, such as:

(i) binding, out-of-square, non-latching doors;

(ii) framing or frieze board separations;

(iii) sloping floors;

(iv) window, wall, floor, or ceiling cracks or separations; and

(v) rotating, buckling, cracking, or deflecting masonry cladding; and

(D) report as Deficient:

(i) deteriorated materials;

(ii) deficiencies in foundation components such as; beams, joists, bridging, blocking, piers, posts, pilings, columns, sills or subfloor;

(iii) deficiencies in retaining walls related to foundation performance;

(iv) exposed or damaged reinforcement;

(v) crawl space ventilation that is not performing; and

(vi) crawl space drainage that is not performing.

(2) 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.

(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.

(1) The inspector shall:

(A) inspect the roof covering materials from the surface of the roof;

(B) report:

(i) type of roof coverings;

(ii) vantage point from where the roof was inspected;

(iii) evidence of water penetration; and

(iv) evidence of previous repairs to the roof covering material, flashing details, skylights and other roof penetrations; and

(C) report as Deficient deficiencies in:

(i) fasteners;

(ii) adhesion;

(iii) roof covering materials;

(iv) flashing details;

(v) skylights; and

(vi) other roof penetrations.

(2) The inspector is not required to:

(A) inspect the roof from the roof level if, in the inspector's reasonable judgment:

(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) determine:

(i) the remaining life expectancy of the roof covering; or

(ii) the number of layers of roof covering material;

(C) identify latent hail damage;

(D) exhaustively examine all fasteners and adhesion; or

(E) provide an exhaustive list of locations of deficiencies and water penetrations.

(d) Roof structures and attics.

(1) The inspector shall:

(A) report:

(i) the vantage point from which the attic space was inspected;

(ii) approximate average depth of attic insulation; and

(iii) evidence of water penetration; and

(B) report as Deficient:

(i) attic space ventilation that is not performing;

(ii) deflections or depressions in the roof surface as related to adverse performance of the framing and decking; and

(iii) missing insulation; and

(iv) deficiencies in:

(I) installed framing members and decking;

(II) attic access ladders and access openings; and

(III) attic ventilators.

(2) 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.

(1) The inspector shall:

(A) report evidence of water penetration; and

(B) report as Deficient:

(i) deficiencies in the condition and performance of doors and hardware;

(ii) deficiencies related to structural performance or water penetration; and

(iii) the absence of or deficiencies in fire separation between the garage and the living space and between the garage and its attic.

(2) 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.

(1) The inspector shall:

(A) report evidence of water penetration; and

(B) report as Deficient:

(i) the absence of performing emergency escape and rescue openings in all sleeping rooms;

(ii) an attached garage doorway that is not equipped with self-closing or automatic closing devices;

(iii) a door between the residence and an attached garage that is:

(I) a solid wood door less than 1-3/8 inches thick;

(II) a solid honeycomb core steel door less than 1-3/8 inches thick; or

(III) not a 20-minute fire-rated door;

(iv) missing or damaged screens;

(v) deficiencies related to structural performance or water penetration; and

(vi) deficiencies in:

(I) weather stripping, gaskets or other air barrier materials;

(II) claddings;

(III) water resistant materials and coatings;

(IV) flashing details and terminations;

(V) the condition and performance of exterior doors, garage doors and hardware; and

(VI) the condition and performance of windows and components.

(2) 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;

(C) operate a lock if the key is not available; or

(D) provide an exhaustive list of locations of deficiencies and water penetrations.

(g) Exterior and interior glazing.

(1) The inspector shall 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 doors;

(C) the absence of safety glass in hazardous locations; and

(D) the absence of fall protection at windows that are located less than 24 inches from the finished floor and greater than 72 inches from the finished grade.

(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.

(1) The inspector shall report as Deficient:

(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

(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.

(1) The inspector shall report as Deficient:

(A) built-up creosote in accessible areas of the firebox and flue;

(B) the presence of combustible materials in near proximity to the firebox opening;

(C) the absence of fireblocking at the attic penetration of the chimney flue, where accessible; and

(D) deficiencies in the:

(i) damper;

(ii) lintel, hearth, hearth extension, and firebox;

(iii) gas fixture installed in the fireplace not associated with the gas distribution system;

(iv) circulating fan;

(v) combustion air vents; and

(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.

(1) The inspector shall:

(A) inspect:

(i) attached balconies, carports, and porches; and

(ii) abutting porches, decks, and balconies that are used for ingress and egress; and

(B) report as Deficient:

(i) 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) deficiencies in accessible components.

(2) 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.

§535.229.Standards of Practice: Minimum Inspection Requirements for Electrical Systems.

(a) Service entrance and panels.

(1) The inspector shall report as Deficient:

(A) a drop, weatherhead or mast that is not securely fastened to the building;

(B) the absence of or deficiencies in the grounding electrode system;

(C) missing or damaged dead fronts or covers plates;

(D) conductors not protected from the edges of electrical cabinets, gutters, or cutout boxes;

(E) electrical cabinets and panel boards not appropriate for their location; such as a clothes closet, bathrooms or where they are exposed to physical damage;

(F) electrical cabinets and panel boards that are not accessible or do not have a minimum of 36-inches of clearance in front of them;

(G) deficiencies in:

(i) electrical cabinets, gutters, cutout boxes, and panel boards;

(ii) the insulation of the service entrance conductors, drip loop, separation of conductors at weatherheads, and clearances;

(iii) the compatibility of overcurrent devices andconductors;

(iv) the overcurrent device and circuit for labeled and listed 250 volt appliances;

(v) bonding and grounding;

(vi) conductors; and

(vii) the operation of installed ground-fault or arc-fault circuit interrupter devices; and

(H) the absence of:

(i) trip ties on 250 volt overcurrent devices or multi-wire branch circuit;

(ii) appropriate connections;

(iii) anti-oxidants on aluminum conductor terminations; and

(iv) main disconnecting means.

(2) The inspector is not required to:

(A) determine present or future sufficiency of service capacity amperage, voltage, or the capacity of the electrical system;

(B) conduct voltage drop calculations;

(C) determine the accuracy of overcurrent device labeling;

(D) remove covers where hazardous as judged by the inspector;

(E) verify the effectiveness of overcurrent devices; or

(F) operate overcurrent devices.

(b) Branch circuits, connected devices, and fixtures.

(1) The inspector shall:

(A) manually test the installed and accessible smoke and carbon monoxide alarms;

(B) report the type of branch circuit conductors; and

(C) report as Deficient:

(i) the absence of ground-fault circuit interrupter protection in all:

(I) bathroom receptacles;

(II) garage and accessory building receptacles;

(III) outdoor receptacles;

(IV) crawl space receptacles and lighting outlets;

(V) basement receptacles;

(VI) receptacles that serve kitchen countertops;

(VII) receptacles that are located within six feet of the outside edge of a sink, shower, or bathtub;

(VIII) laundry area receptacles;

(IX) indoor damp and wet location receptacles;

(X) kitchen dishwasher receptacle; and

(XI) electrically heated floors;

(ii) the absence of arc-fault protection in the following locations:

(I) kitchens;

(II) family rooms;

(III) dining rooms;

(IV) living rooms;

(V) parlors;

(VI) libraries;

(VII) dens;

(VIII) bedrooms;

(IX) sunrooms;

(X) recreation rooms;

(XI) closets;

(XII) hallways; and

(XIII) laundry area;

(iii) the failure of operation of ground-fault circuit interrupter protection devices;

(iv) missing or damaged receptacle, switch or junction box covers;

(v) the absence of:

(I) equipment disconnects; and

(II) appropriate connections, such as copper/aluminum approved devices, if branch circuit aluminum conductors are discovered in the main or sub-panel based on a random sampling of accessible receptacles and switches;

(vi) receptacles less than five and a half feet above the floor that are not tamper resistant;

(vii) deficiencies in 125 volt receptacles by determining the:

(I) presence of power;

(II) correct polarity; and

(III) presence of grounding;

(viii) deficiencies in 250 volt receptacles by determining the presence of power;

(ix) deficiencies in

(I) switches;

(II) bonding or grounding;

(III) wiring, wiring terminations, junction boxes, devices, and fixtures, including improper location;

(IV) doorbell and chime components; and

(V) smoke and carbon monoxide alarms;

(x) improper use of extension cords;

(xi) deficiencies in or absences of conduit, where applicable;

(xii) the absence of smoke alarms:

(I) in each sleeping room;

(II) outside each separate sleeping area in the immediate vicinity of the sleeping rooms; and

(III) in the living space of each story of the dwelling; and

(xiii) the absence of carbon monoxide alarms outside each separate sleeping area in the immediate vicinity of the sleeping rooms when either of the following conditions exist:

(I) fuel fired appliance are installed in the dwelling; or

(II) an attached garage with an opening into the dwelling unit.

(2) The inspector is not required to:

(A) inspect low voltage wiring;

(B) disassemble mechanical appliances;

(C) verify the effectiveness of smoke alarms;

(D) verify interconnectivity of smoke alarms;

(E) activate smoke or carbon monoxide alarms that are or may be monitored or require the use of codes;

(F) verify that smoke alarms are suitable for the hearing-impaired;

(G) remove the covers of junction, fixture, receptacle or switch boxes unless specifically required by these standards; or

(H) test arc-fault circuit interrupter devices when the property is occupied or damage to personal property may result, in the inspector's reasonable judgment.

§535.230.Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems.

(a) Heating equipment.

(1) General requirements. The inspector shall:

(A) 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; and

(C) deficiencies in:

(i) combustion, and dilution air; and

(ii) the vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.

(b) Cooling equipment.

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

(A) the inspector shall:

(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:

(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; and

(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; and

(ii) the type of water supply line; and

(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

(F) deficiencies in:

(i) filters;

(ii) grills or registers; and

(iii) 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) 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) 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.

§535.231.Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.

(a) Plumbing systems.

(1) The inspector shall:

(A) report:

(i) location of water meter;

(ii) location of homeowners main water supply shutoff valve; and

(iii) static water pressure;

(iv) visible material used for water supply lines and drain lines;

(B) report as Deficient:

(i) the presence of active leaks;

(ii) water pressure exceeding 80 PSI;

(iii) the lack of a pressure reducing valve when the water pressure exceeds 80 PSI;

(iv) the lack of a visible expansion tank when a pressure reducing valve, check valve, or backflow preventer is in place at the water supply line/system;

(v) the absence of:

(I) fixture shutoff valves;

(II) dielectric unions, when applicable;

(III) back-flow devices, anti-siphon devices, or air gaps at the flow end of fixtures; and

(vi) deficiencies in:

(I) water supply pipes and waste pipes;

(II) the installation and termination of the vent system;

(III) the performance of fixtures and faucets not connected to an appliance;

(IV) water supply, as determined by viewing functional flow in two fixtures operated simultaneously;

(V) fixture drain performance;

(VI) orientation of hot and cold faucets;

(VII) installed mechanical drain stops;

(VIII) commodes, fixtures, showers, tubs, and enclosures; and

(IX) the condition of the gas distribution system.

(2) The inspector is not required to:

(A) operate any main, branch, or shut-off valves;

(B) operate or inspect sump pumps or waste ejector pumps;

(C) verify the performance of:

(i) the bathtub overflow;

(ii) clothes washing machine drains or hose bibbs; or

(iii) floor drains;

(D) inspect:

(i) any system that has been winterized, shut down or otherwise secured;

(ii) circulating pumps, free-standing appliances, solar water heating systems, water-conditioning equipment, filter systems, water mains, private water supply systems, water wells, pressure tanks, sprinkler systems, swimming pools, or fire sprinkler systems;

(iii) inaccessible gas supply system components for leaks;

(iv) for sewer clean-outs; or

(v) for the presence or performance of private sewage disposal systems; or

(E) determine:

(i) quality, potability, or volume of the water supply; or

(ii) effectiveness of backflow or anti-siphon devices.

(b) Water heaters.

(1) General Requirements.

(A) The inspector shall:

(i) report:

(I) the energy source;

(II) the capacity of the units;

(ii) report as Deficient:

(I) inoperative units;

(II) leaking or corroded fittings or tanks;

(III) damaged or missing components;

(IV) the absence of a cold water shutoff valve;

(V) if applicable, the absence of a pan or a pan drain system that does not terminate over a waste receptor or to the exterior of the building above the ground surface;

(VI) inappropriate locations;

(VII) the lack of protection from physical damage;

(VIII) 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;

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

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

(XI) the absence of or visible deficiencies in the temperature and pressure relief valve and discharge piping; and

(XII) a temperature and pressure relief valve that failed to operate, when tested manually.

(B) The inspector is not required to:

(i) verify the effectiveness of the temperature and pressure relief valve, discharge piping, or pan drain pipes;

(ii) 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

(iii) determine the efficiency or adequacy of the unit.

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

(A) performance of heating elements; and

(B) condition of conductors; and

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

(A) gas leaks in water heater not associated with the gas distribution system;

(B) flame impingement, uplifting flame, improper flame color, or excessive scale build-up; and

(C) deficiencies in:

(i) combustion and dilution air; and

(ii) vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.

(c) Hydro-massage therapy equipment.

(1) The inspector shall report as Deficient:

(A) inoperative units;

(B) the presence of active leaks;

(C) deficiencies in components and performance;

(D) missing and damaged components;

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

(F) the absence or failure of operation of ground-fault circuit interrupter protection devices.

(2) The inspector is not required to determine the adequacy of self-draining features of circulation systems.

(d) Gas distribution systems.

(1) The inspector shall:

(A) report:

(i) location of gas meter; and

(ii) visible material used for gas distribution system;

(B) report as Deficient:

(i) noticeable gas leaks;

(ii) the absence of a gas shutoff valve within six feet of the appliance;

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

(iv) gas appliance connectors that are concealed within or extended through walls, floors, partitions, ceilings or appliance housings;

(v) deficiencies in:

(I) gas shutoff valves;

(II) access to a gas shutoff valves that prohibits full operation;

(III) gas appliance connector materials; and

(IV) the condition and type of gas distribution lines and fittings;

(vi) lack of visible bonding on gas distribution system, including corrugated stainless steel tubing (CSST); and

(vii) lack of visible sediment traps.

(2) Specific limitation for gas lines. The inspector is not required to:

(A) inspect sacrificial anode bonding or for its existence;

(B) pressurize or test gas system, drip legs or shutoffvalves;

(C) operate gas line shutoff valves; or

(D) light or ignite pilot flames.

§535.232.Standards of Practice: Minimum Inspection Requirements for Appliances.

(a) Dishwashers. The inspector shall report as Deficient:

(1) inoperative units;

(2) deficiencies in performance or mounting;

(3) rusted, missing or damaged components;

(4) the presence of visible active water leaks; and

(5) the absence of visible backflow prevention.

(b) Food waste disposers. The inspector shall report as Deficient:

(1) inoperative units;

(2) deficiencies in performance or mounting;

(3) missing or damaged components; and

(4) the presence of visible active water leaks.

(c) Range hoods and exhaust systems. The inspector shall report as Deficient:

(1) inoperative units;

(2) deficiencies in performance or mounting;

(3) missing or damaged components;

(4) ducts that do not terminate outside the building, if the unit is not of a re-circulating type or configuration; and

(5) improper duct material.

(d) Electric or gas ranges, cooktops, and ovens. The inspector shall report as Deficient:

(1) inoperative units;

(2) missing or damaged components;

(3) combustible material within thirty inches above the cook top burners;

(4) absence of an anti-tip device, if applicable;

(5) gas leaks in the gas range, cooktops and ovens not associated with the gas distribution system; and

(6) deficiencies in:

(A) thermostat accuracy (within 25 degrees Fahrenheit at a setting of 350 degrees Fahrenheit); and

(B) mounting and performance.

(e) Microwave ovens. The inspector shall inspect built-in units and report as Deficient:

(1) inoperative units;

(2) deficiencies in performance or mounting; and

(3) missing or damaged components.

(f) Mechanical exhaust systems and bathroom heaters. The inspector shall report as Deficient:

(1) the lack of mechanical ventilation in a bathroom if no operable window is present;

(2) inoperative units;

(3) deficiencies in performance or mounting;

(4) missing or damaged components;

(5) ducts that do not terminate outside the building; and

(6) a gas heater that is not vented to the exterior of the building unless the unit is listed as an unvented type.

(g) Garage door operators. The inspector shall report as Deficient:

(1) inoperative units;

(2) deficiencies in performance or mounting;

(3) missing or damaged components;

(4) installed photoelectric sensors located more than six inches above the garage floor;

(5) deficiencies in performance or absence of auto reversing mechanisms and manual detachment device; and

(6) door locks or side ropes that have not been removed or disabled.

(h) Dryer exhaust systems. The inspector shall report as Deficient:

(1) missing or damaged components;

(2) the absence of a dryer exhaust system when provisions are present for a dryer;

(3) ducts that do not terminate to the outside of the building;

(4) screened terminations; and

(5) ducts that are not made of metal with a smooth interior finish.

(i) General provisions. 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) disassemble appliances;

(5) determine the adequacy of venting systems;

(6) determine proper routing and lengths of duct systems;

(7) operate or determine the condition of clothes washer, clothes dryer, or refrigerator; or

(8) operate or determine the condition of other built in appliances, except as provided for under §535.233(h), of this title.

§535.233.Standards of Practice: Minimum Inspection Requirements for Optional Systems.

(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 this section, the general provisions under §535.227 of this title and the provisions and requirements of this section applicable to that component or system apply.

(c) Landscape irrigation (sprinkler) systems.

(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 shutoff 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) The inspector is not required to inspect:

(A) for effective coverage of the irrigation system;

(B) the automatic function of the controller;

(C) the effectiveness of the sensors; such as, rain, moisture, wind, flow or freeze sensors;

(D) sizing and effectiveness of backflow prevention device; or

(E) report on the performance of an underground zone.

(d) Swimming pools, spas, hot tubs, and equipment.

(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) The inspector is not required to:

(A) disassemble filters or dismantle or otherwise open any components or lines;

(B) operate valves;

(C) uncover or excavate any lines or concealed components of the system;

(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 sub-surface water tables;

(G) determine the effectiveness of entrapment covers;

(H) determine the presence of pool shell or sub-surface leaks; or

(I) 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) Outbuildings.

(1) 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) 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) Private water wells.

(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; and

(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) The inspector is not required to:

(A) open, uncover, or remove the pump, heads, screens, lines, or other components of the system;

(B) determine the reliability of the water supply or source; or

(C) locate or verify underground water leaks.

(g) Private sewage disposal systems.

(1) The inspector shall:

(A) report:

(i) the type of system;

(ii) the location of the drain or distribution 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 components;

(II) functional flow;

(III) site drainage and clearances around or adjacent to the system; and

(IV) the aerobic discharge system.

(2) 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.

(h) Other built-in appliances. The inspector shall report deficiencies in condition or operation of other built-in appliances not listed under §535.232 of this title.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 23, 2021.

TRD-202103314

Vanessa Burgess

General Counsel

Texas Real Estate Commission

Effective date: February 1, 2022

Proposal publication date: May 21, 2021

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