Standards of Practice

§535.227. Standards of Practice: General

Provisions. [Adopted September 1, 2000;

amended August 31, 2004]

(a) Definition of terms. The following words

have the following meanings, unless the context

clearly indicates otherwise.

(1) Chapter 1102 - Texas Occupations Code,

Chapter 1102.

(2) Functioning - Performing in an expected

or required manner; carrying out the design purpose

or intended operation of a part, system,

component, member.

(3) 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.

(4) In Need of Repair - Does not adequately

function or perform. (5) Inspect - To look at and

examine accessible items, parts, systems or components

without, except as required by the rules of the Texas

Real Estate Commission, laboratory, scientific or

engineering evaluation or testing, destructive

tests or the dismantling or removal of parts,

members or components.

(6) Inspector - A person licensed as a professional

inspector, a person licensed as an apprentice

inspector or a person licensed as a real estate

inspector.

(7) 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.

(8) Report - A written or oral communication

of the inspector’s opinions, observations, determinations,

and findings in an inspection.

(9) Standards of Practice - §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).

(b) Scope.

(1) The standards of 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 inspector may provide

a higher level of inspection performance

than required by the standards of practice and

may inspect parts, components, and systems in

addition to those described by the standards of

practice.

(2) The inspector shall:

(A)inspect items, parts, systems, components

and conditions which are present and visible

at the time of the inspection, but the inspector

is not required to determine or estimate the

remaining life expectancy or future performance

of any inspected item, part, system or component;

(B)operate mechanical and electrical equipment,

systems, and appliances during an inspection

in normal modes and operating range at the

time of the inspection;

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(C)report which of the parts, components,

and systems present in the property have or

have not been inspected;

(D)report as in need of repair inspected

parts, components or systems that are not functioning

or that the standards of practice require

the inspector to report as in need of repair;

(E) address all of the parts, components,

and systems contained in the standards of practice

in the property being inspected.

(F) complete the standard inspection report

form under §535.223 of this title (relating to

Standard Inspection Reports) if that section applies;

(G)identify in any written report the inspector

who performed the inspection by name and

license number;

(H)comply with any other law or license

requirement necessary to perform inspections or

services other than what is required by the standards

of practice, 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, or a structural

pest control license which may be required

to perform a wood-destroying-insect inspection;

(3) In the event of a conflict between a specific

provision and a general provision in the

standards of practice, the specific provision controls.

The standards of practice do not apply to

the following:

(A)parts, components or systems other

than those specifically described;

(B)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, compliance with

codes, ordinances, statutes or restrictions or the

efficiency, quality, durability of any item inspected;

excludes under the departure provision

in this section; and

(D)any determination of insurability or warrantability

of any part, component or system.

(1) An inspector shall exclude from the inspection

any part, component or system which

the inspector is not competent or qualified to inspect.

standards of practice which is inaccessible, cannot

be inspected due to circumstances beyond

the control of the inspector, or the inspector’s

client has agreed is not to be inspected.

(2) An inspector may exclude any part, component

or system required for inspection by the

(3) This departure provision does not prohibit

an inspector from specializing nor 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 the standards of

practice for the items being inspected.

(4) If an inspector excludes any part, component

or system listed in the standards of practice,

other than one which the client has agreed

is not to be inspected, the inspector shall:

(A)advise the client at the earliest practicable

time that the specific part, component or system

will not be included in the inspection; and

(B)state in any written inspection report

that the excluded part, component or system

was not 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

Chapter 1102 and §535.224 of this title (relating

to Proceedings before the Committee).

§535.228. Standards of Practice: Inspection

Guidelines for Structural Systems. [Adopted

September 1, 2000]

(a) Foundations. The inspector shall:

(1) report the type of foundation (for example,

slab-on-grade or pier and beam);

(2) inspect the foundation, related structural

components and/or slab surfaces;

(3) inspect the crawl space area to determine

the general condition of foundation components

and report the method used to observe the crawl

space if the inspector did not enter the crawl

space because the space was inaccessible, hazardous

conditions were present, or access or

visibility was limited;

(4) render a written opinion as to the performance

of the foundation;

(5) report general indications of foundation

movement that are present and visible, such as

sheetrock cracks, brick cracks, out-of-square

door frames or floor slopes;

(6) report as in need of repair any post tensioned

cable ends that are not protected;

(7) report as in need of repair a crawl space

that does not appear to be adequately ventilated;

(8) report as in need of repair conditions or

symptoms that may indicate the possibility of

water penetration that are present and visible,

such as improper grading around foundation

walls or plumbing leaks; and

(9) report as in need of repair conditions that

are present and visible and may be adversely

affecting foundation performance, such as erosion

or water ponding.

(b) Specific limitations for foundations. The inspector

is not required to enter a crawl space or

any areas where headroom is less than 18 inches

and the width of the access opening is less than

two feet, or where the inspector reasonably determines

conditions or materials are hazardous

to health or safety of the inspector. (c) Interior walls,

doors, ceilings and floors. The inspector shall:

(1) report as in need of repair deficiencies of

the surfaces of walls, ceilings and floors as related

to structural performance or water penetration

that are present and visible;

(2) report as in need of repair accessible

doors that do not operate properly, excluding

locks and latches;

(3) report as in need of repair deficiencies in

steps, stairways, balconies and railings,

(4) report as in need of repair spacings between

intermediate balusters, spindles, or rails

for steps, stairways, balconies, and railings that

permit passage of an object greater than four

inches in diameter; and

(5) report as in need of repair the absence of

safety glass in hazardous locations.

(d) Specific limitations for Interior walls, doors,

ceilings and floors. The inspector is not required

to do the following:

(1) determine the condition of floor, wall or

ceiling coverings unless such conditions affect

structural performance or indicate water penetration;

(2) report obvious damage to floor, wall or

ceiling coverings;

(3) determine the condition of paints, stains

and other surface coatings; or

(4) determine condition of cabinets.

(e) Exterior walls and doors, windows and door

glazing. The inspector shall:

(1) report as in need of repair present and

visible deficiencies of exterior walls that are related

to structural performance and water penetration;

(2) report as in need of repair deficiencies in

the condition and operation of exterior doors and

garage doors, including door locks and latches

when present;

(3) report as in need of repair damaged glazing

in windows and exterior doors;

(4) report as in need of repair any insulated

windows that are obviously fogged or display

other evidence of broken seals;

(5) report as in need of repair the absence of

safety glass in hazardous locations;

(6) report as in need of repair missing or

damaged window and door screens;

(7) report as in need of repair in homes having

burglar bars the absence of functional keyless

burglar bars in appropriate locations;

(8) report as in need of repair inoperable windows

at burglar bar locations of sleeping rooms

or egress areas and any inoperable windows at

other randomly sampled accessible burglar bar

locations; and

(9) report as in need of repair spacings between

intermediate balusters, spindles and rails

that permit passage of an object greater than

four inches in diameter.

(f) Specific limitations for exterior walls and

doors, windows and door glazing. The inspector

is not required to do the following:

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(1) report the condition or presence of storm

windows or doors, awnings, shutters or security

devices or systems;

(2) determine the condition of paints stains or

other surface coatings; or

(3) determine the presence of, or extent or

type of, insulation or vapor barriers in exterior

walls.

(g) Fireplace and chimney. The inspector shall:

(1) report as in need of repair deficiencies in

the visible components and structure of the

chimney and fireplace;

(2) inspect the interior of the firebox and the

visible flue area, and report as in need of repair

built up creosote in visible areas of the firebox

and flue (the inspector is not required to determine

the adequacy of the draft or perform a

chimney smoke test);

(3) report as in need of repair a damper that

does not operate;

(4) report as in need of repair the absence of

non-combustible hearth extension;

(5) report as in need of repair deficiencies in

the lintel, hearth and material surrounding the

fireplace, including clearances from combustible

materials;

(6) report as in need of repair the absence of

firestopping at the attic penetration of the chimney

flue, where accessible;

(7) report as in need of repair any gas log

lighter valves that do not function or leak gas;

(8) report as in need of repair any circulating

fan that does not operate, if present;

(9) report as in need of repair deficiencies in

combustion air vent, if present; and

(10) report as in need of repair deficiencies

in chimney coping or crown, caps or spark arrestor

(inspected from ground level at a minimum).

(h) Roof, roof structure and attic. The inspector

shall:

(1) report the type of roof covering and report

as in need of repair:

(A) a roof covering that is not appropriate

for the slope of the roof;

(B) fasteners that are not present or that

are not appropriate, (where it can be reasonably

determined); and

that are not present or not properly installed.

(2) inspect the general condition of, and report

evidence of previous repairs to, flashing,

skylights and other roof penetrations;

(3) report as in need of repair inadequate attic

space ventilation;

(4) report as in need of repair deficiencies in

the roof covering, structure and sheathing;

(5) report any visible evidence of moisture

penetration;

(6) report as in need of repair the lack of or

inappropriate installation of components such as

purlins, struts, collar ties or rafter ties, where

necessary;

(7) report as in need of repair excessive deflections

or depressions in the roof’s surface relating

to the performance of the framing and the

roof deck;

(8) enter and inspect attic space(s) except

when inadequate access or hazardous conditions

exist as reasonably determined by the inspector

and report the method used to inspect the attic if

the inspector did not enter the attic;

(9) report the method used to inspect the

roof if the inspection is performed from other

than roof level;

(10) inspect for the presence, and report the

approximate depth of, insulation where visible;

and

(11) report as in need of repair deficiencies

in visible installed gutter and downspout systems.

(i) Specific limitations for roof, roof structure

and attic. The inspector is not required to do the

following:

(1) determine the remaining life expectancy

of the roof covering; or

(2) inspect the roof from the roof level if the

inspector reasonably determines that the inspector

cannot safely reach or stay on the roof, or

that damage to the roof or roof covering may

result from walking on the roof.

(j) Porches and decks. The inspector shall:

(1) report as in need of repair structural deficiencies

in porches, decks, steps, balconies and

carports as to visible footings, joists, deckings,

railings and attachment points, where applicable;

and

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(2) report as in need of repair (except for

decks which are not higher than 30 inches as

measured from the adjacent grade) spacings between

intermediate balusters, spindles or rails

that permit passage of an object greater than

four inches in diameter.

(k) Specific limitations for porches and decks.

The inspector is not required to inspect detached

structures or waterfront structures and equipment,

such as docks or piers.

§535.229. Standards of Practice: Inspection

Guidelines for Mechanical Systems: Appliances,

Cooling Systems, Heating Systems, Ducts,

Vents and Flues, and Plumbing Systems.

[Adopted September 1, 2000]

(a) Dishwasher. The inspector shall:

(1) report as in need of repair any deficiencies

in the door gasket, control knobs and interior

parts, including the dish tray, rollers, spray

arms and the soap dispenser;

(2) report as in need of repair any interior

signs of rust;

(3) report as in need of repair a door spring

that does not operate properly;

(4) report as in need of repair deficiencies in

the discharge hose or piping or the lack of back

flow prevention;

(5) report as in need of repair units that are

not securely mounted;

(6) report as in need of repair any water

leaks;

(7) inspect the unit’s operation in normal

mode with the soap dispenser closed; and

(8) report as in need of repair spray arms

that do not turn, soap dispensers that do not

open or drying elements that do not operate.

(b) Food waste disposer. The inspector shall:

(1) report as in need of repair any deficiencies

in the splash guard, grinding components,

wiring and exterior;

(2) report as in need of repair a unit that is

not securely mounted; and

(3) inspect the operation of the unit and report

as in need of repair any unusual noise or

vibration level and any signs of water leaks.

(1) report as in need of repair any deficiencies

in the filter, vent pipe, light and switches;

(2) inspect the operation of the blower and

report as in need of repair any unusual sounds or

vibration levels, or if the blower does not operate

at all speeds;

(3) report as in need of repair a vent pipe

that does not terminate outside the structure

when the unit is not of recirculating type or configuration.

(4) report as in need of repair a vent pipe

that is of inadequate material; and

(5) report as in need of repair the absence of

a range exhaust vent.

(d) Electric or gas ranges. The inspector shall:

(1) report as in need of repair broken or

missing knobs, elements, drip pans or other

parts, inadequate clearance from combustible

material, or the absence of an anti-tip device;

(3) report as in need of repair a unit that is

not securely mounted in place.

(h) Other built-in appliances. The inspector

shall report as in need of repair any deficiencies

in condition or operation of other built-in appliances

not listed in this section.

(i) Bathroom exhaust vents and electric heaters.

The inspector shall operate the unit, and report

as in need of repair unusual sounds, speed

and vibration levels or, when possible, vent pipes

that do not terminate outside the structure.

(j) Whole house vacuum system. The inspector

shall:

(1) inspect the condition of the main unit;

(2) report as in need of repair a unit that

does not operate; and

(3) inspect the system from all accessible

outlets throughout the house.

(k) Water heaters. The inspector shall:

(1) report the energy source;

(2) inspect the unit and report as in need of

repair fittings that leak or are corroded;

(3) report as in need of repair temperature

and pressure relief valve piping that lacks gravity

drainage, is improperly sized (no smaller than

the outlet fittings), has deficiencies in material,

or lacks a correct termination;

(4) report as in need of repair a temperature

and pressure relief valve that does not operate

when the valve is of an operable type and operation

will not cause damage to persons or property

as reasonably determined by the inspector

(for example, it would be reasonable not to operate

the valve if there is improper or undetermined

termination of the drain pipe, a corroded

or damaged valve, improper installation of valve

or drain pipe, the drain pipe is of inappropriate

material or there is no water supply cut-off valve

at the unit);

(5) report as in need of repair any broken or

missing parts, covers or controls;

(6) report as in need of repair deficiencies in

the burner, flame and burner compartment, the

operation of heating elements and the condition

of wiring;

(7) report as in need of repair deficiencies in

materials used for the gas branch line and the

connection to the appliance, the absence of a gas

shut-off valve, or a valve that is not properly located,

is inaccessible, or leaks;

(8) if applicable, report as in need of repair

deficiencies in the vent pipe, draft diverter, draft

hood and their condition, draft, proximity to

combustibles and vent termination point, observing

for adequate combustion and draft air;

(9) report as in need of repair the lack of a

safety pan and drain (including the termination

of the drain line) when applicable;

(10) report as in need of repair an unsafe

location or installation; and

(11) inspect garage units or units which are

located in rooms or enclosures opening into a

garage and report as in need of repair the following:

(A) a lack of protection for physical damage

to the unit; and

(B) burners, burner ignition devices or heating

elements, switches or thermostats that are

not a minimum of 18 inches above the lowest

garage floor elevation.

(l) Doorbell and chimes. The inspector shall:

(1) inspect the condition of the unit and report

as in need of repair a unit that does not operate;

and

(2) report as in need of repair any deficiencies

in visible and accessible parts.

(m) Attic power vents. The inspector shall:

(1) report as in need of repair deficiencies in

the operation and installation of the unit, including

the wiring and mounting of the thermostat

control, if so equipped and accessible; and

(2) report as in need of repair unusual sounds

or speed and vibration levels.

(n)Garage door operator. The inspector shall:

(1) report as in need of repair deficiencies in

the installation, condition and operation of the

garage door operator;

(2) operate the door both manually and by an

installed automatic door control;

(3) report as in need of repair a door that

does not automatically reverse during closing

cycle, any installed electronic sensors that are

not operable or not installed at the proper

heights above the garage floor; and

(4) report as in need of repair door locks or

side ropes that have not been removed or disabled.

(o) Hydrotherapy or whirlpool equipment. The

inspector shall:

(1) report as in need of repair a unit that

does not operate, leaks, or is inaccessible;

(2) report as in need of repair a unit that

lacks a ground fault circuit interrupter or has an

interrupter that does not operate;

(3) report as in need of repair switches that

are not in a safe location or do not operate;

(4) report evidence of leaks under the tub if

the access cover is available and accessible, reporting

when the cover is absent or inaccessible

(the inspector is not required to determine the

adequacy of self-draining features of the circulation

system); and

(5) report as in need of repair deficiencies in

the ports, valves, grates and covers.

(p) Specific limitations for appliances. The inspector

is not required to do the following:

(1) operate or determine the condition of

other auxiliary components of inspected items;

(2) inspect self-cleaning functions.

(q) Cooling systems other than evaporative

coolers. The inspector shall:

(1) report the type of system and energy

sources;

(2) operate the system using normal control

devices except when the outdoor temperature is

less than 60 degrees Fahrenheit;

(3) inspect for proper performance; such as

by observing the temperature difference between

the supply air and the return air or noticeable

vibration of the blower fan and report as in need

of repair any deficiencies;

(4) report as in need of repair the lack of, or

deficiencies in drainage of, condensate drain line

and secondary drain line when applicable, including

pipes made of inadequate material;

(5) report as in need of repair a primary drain

pipe that terminates in a sewer vent, if the termination

is visible;

(6) report as in need of repair a safety pan

that is not appropriately sized for the evaporator

coil or free of water or debris;

(7) report as in need of repair a return chase

and plenum that are not free of improper and

hazardous conditions, such as gas pipes, sewer

vents, refrigerant piping or electrical wiring.

(8) report as in need of repair the lack of insulation

on refrigerant pipes and the primary

condensate drain pipe;

(9) report as in need of repair a condensing

unit that does not have adequate clearances, or

air circulation, or that has deficiencies

in the condition of fins, location, levelness

and elevation above ground surfaces; and

(10) report as in need of repair conductor

sizing and over-current protective devices that

are not appropriately sized for the unit.

(r) Evaporative coolers. The inspector shall:

(1) operate the motor and report as one or

two speed;

(2) observe the electrical pigtail connection at

the motor;

(3) inspect the power source in the unit;

(4) report as in need of repair a pump that

does not function or deficiencies in the spider

tubes, tube clips and bleeder system;

(5) report as in need of repair deficiencies in

the water supply line and float bracket;

(6) report as in need of repair the absence of

a minimum one-inch air gap between water discharge