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Texas Home Inspector Standards of Practice

THE FOLLOWING STANDARDS OF PRACTICE HAVE BEEN ESTABLISHED BY THE STATE OF TEXAS AND THE TEXAS REAL ESTATE COMMISSION FOR INSPECTORS LICENSED IN TEXAS

535.227. Standards of Practice: General Provisions

(a) Definition of terms. The following words and terms, when used in these standards of practice, shall have the following meanings, unless the context clearly indicates otherwise.

....(1) Act - The Real Estate License Act, Article 6573a, Texas Civil Statutes.

....(2) Determine - To come to a decision or resolve concerning the condition, function, operation of a item, part, component, system or equipment.

....(3) Functioning - Performing in an expected or required manner; carrying out the design purpose or intended operation of a part, system, component, member.

....(4) Identify - To determine and report as a particular item, condition or thing.

....(5) Inaccessible - Not having access without the use of special tools, equipment, or instruments, or removing doors, walls, stored items or similar obstructions, or by causing damage to a structure, finish or component, equipment or system, or by virtue of inadequate clearance, walkways, passageways, or hazardous condition.

....(6) In Need of Repair - Does not adequately function or perform.

....(7) Inspect - To look at or examine those items, parts, systems or components which are accessible or can reasonably be seen, heard or operated by the inspector without, except as required by this section, laboratory, scientific or engineering evaluation or testing, or destructive tests, dismantling or removal of parts, members or components.

....(8) Inspector - A person licensed as a professional inspector, a person licensed as an apprentice inspector or a person licensed as a real estate inspector.

....(9) Observe - To take note of by means of sight, sound, smell or touch.

....(10) Performance - The act of carrying out, completing, executing or achievement of an operation, design or function in a manner consistent with the intent of the manufacturer, designer or accepted industry practice.

....(11) Report - A written or oral opinion of the results of observations, determinations, or findings.

(b) Scope. These standards of inspection practice are the minimum levels of inspection practice required of inspectors for the accessible parts, components, and systems typically found in improvements to real property, excluding detached structures, decks, docks and fences. The inspection is of conditions which are present and visible at the time of the inspection, excepting the life expectancy and the anticipated future life or performance of any inspected component. All mechanical and electrical equipment, systems, and appliances are operated in normal modes and operating range at the time of the inspection. The inspector shall observe, render an opinion and report which of the parts, components, and systems present in the property have or have not been inspected. The inspector's report must specifically indicate if the inspected parts, components or systems are not functioning or in need of repair. The inspector shall report as in need of repair any recognized hazard specifically listed as such in 535.228 of this title (relating to Standards of Practice: Inspection Guidelines for Structural Systems, 535.229 of this title (relating to Standards of Practice: Inspection Guidelines for Mechanical Systems: Appliances, Cooling Systems, Heating Systems, Ducts, Vents and Flues, and Plumbing Systems) and 535.230 of this title (relating to Standards of Practice: Inspection Guidelines for Electrical Systems). The report used by the inspector must address all of the parts, components, and systems contained in 535.228 of this title (relating to Standards of Practice: Inspection Guidelines for Structural Systems, 535.229 of this title (relating to Standards of Practice: Inspection Guidelines for Mechanical Systems: Appliances, Cooling Systems, Heating Systems, Ducts, Vents and Flues, and Plumbing Systems) and 535.230 of this title (relating to Standards of Practice: Inspection Guidelines for Electrical Systems) and found in the property being inspected. If 535.223 of this title (relating to Standard Inspection Reports)applies to the inspection, the inspector shall make a written report in compliance with that section. All written inspection reports must contain the name and license number of the inspector who performed the 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 these standards of practice. If an additional license is required to perform an inspection, such as an air-conditioning and refrigeration contractor license which may be required for the inspector to make a direct in-line connection to a refrigerant system, the inspector shall obtain the additional license before performing the inspection. In the event of a conflict between a specific provision and a general provision, the specific provision shall control. These standards of practice do not apply to the following:

....(1) parts, components or systems other than those specifically described;

....(2) conditions other than those specifically described, such as environmental conditions, presence of toxic or hazardous wastes or substances, presence of termites or other wood-destroying insects or organisms or compliance with codes, ordinances, statutes or restrictions or the efficiency, quality, durability of any item inspected;

....(3) any part, component or system the inspector has excluded from inspection in accordance with the departure provision contained in this section and

....(4) any determination of insurability or warrantability of any part, component or system.

(c) Departure Provision. An inspector shall exclude from the inspection any part, component or system which the inspector is not competent or qualified to inspect. An inspector may exclude any part, component or system required for inspection by the standards of practice which is inaccessible, which cannot be inspected due to circumstances beyond the control of the inspector, or which the client has agreed should not be inspected. This provision is not intended to prohibit an inspector from specializing or limiting himself or herself to a given specialty nor to require the inspector to specifically exclude other parts, components or systems not ordinarily considered a part of the inspector's specialty; however, the inspector shall comply with these standards of practice for the items being inspected or notify the client as required by this provision. If an inspector excludes any part, component or system described in the standards of practice, other than one which the client has agreed should not be inspected, the inspector shall:

....(1) advise the client at the earliest practicable time that the specific part, component or system will not be included in the inspection; and

....(2) confirm in any written inspection report given to the client that the specifically listed part, component or system has not been inspected.

(d) Enforcement. Failure to comply with 535.227 of this title (relating to Standards of Practice: General Provisions), 535.228 of this title (relating to Standards of Practice: Inspection Guidelines for Structural Systems, 535.229 of this title (relating to Standards of Practice: Inspection Guidelines for Mechanical Systems: Appliances, Cooling Systems, Heating Systems, Ducts, Vents and Flues, and Plumbing Systems), 535.230 of this title (relating to Standards of Practice: Inspection Guidelines for Electrical Systems) and 535.231 of this title (relating to Standards of Practice: Optional Systems) is a ground for disciplinary action as prescribed by the Act, 23 (1)(7) and 535.224 of this title (relating to Proceedings before the Committee).







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