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. Is a starter course tab that is not sealed material, deficient and a required reporting item per TREC?We assume you are referring to composition shingle roofing. Section 535.228(c)(3) of the Standards of Practice do require inspectors to report as a deficiency a starter course tab that is not sealed material. However, it is important to keep in mind that fastening of shingles is required to be checked by random sampling, so this condition is only required to be reported as identified though such sampling. Does TREC require the use of a “contract” for inspections which would outline the responsibilities of the parties to the contract or have a form inspectors can use?No. TREC does not require a pre-inspection or employment contract to be signed by the parties to the inspection.
Inspectors are free to use or not use a contract. You may want to have a private attorney create a contract for you, or you may check with some of the inspector trade associations to see if they provide templates of pre-inspection contracts. I am licensed as a real estate sales agent and as a professional home inspector. Can my broker's real estate office offer my inspection services to their clients?Under Section 1102.303 of the Texas Occupations Code, an inspector may not act in a transaction in the dual capacity of inspector and either (1) broker or sales agent or (2) an undisclosed principal.
Therefore, it would violate Section 1102.303 for you to inspect any property your broker has listed or where you were personally involved. Under Rule 535.156, a real estate license holder has a duty to disclose to a client any relationship the license holder has with an inspector performing an inspection on property that is the subject of a transaction involving the license holder. If you were to perform an inspection in connection with a transaction in which your broker was involved, your broker would need to disclose your relationship (as the broker’s sponsored agent), and if you were paid or received compensation or anything of value from anyone in your office in connection with the inspection, you would also need to disclose this fact and obtain the client’s prior permission. I wish to file a complaint with TREC regarding a home inspector.
What must I do?TREC cannot accept unsigned email or oral complaints against inspectors. All complaints must be in writing and signed by the person making the complaint. Any person may file a complaint whether or not they are a party to the inspection transaction. The TREC website contains a complaint form that may be downloaded, signed and either faxed, scanned and emailed, or mailed in. You may also submit a signed letter outlining your complaint issues and including copies of relevant documentation (such as repair estimates, receipts, and other inspection reports) or photographs.
Please do not send original documents as they will not be returned to you. If a licensed professional inspector is conducting a commercial inspection, is he or she required to use the inspection report form promulgated by TREC? Do the Standards of Practice apply?A licensed TREC inspector is not required to use the promulgated form or the Standards of Practice when inspecting property other than one to four family residential. A TREC licensed inspector may perform inspections on commercial property, as long as no other laws prohibit the inspector from doing so (please check with the Texas Board of Professional Engineering to determine when a Professional Engineer license is required). All inspections would be subject to §1102.301 et seq.
Of the License Act (Subchapter G, Prohibited Acts), as well as 22 TAC § 535.220, Professional Conduct and Ethics. Is a water heater covered by an insulation cover deficient and a required reporting item?No. Is the inspector required to inspect a water metering device to determine if a leak may exist? Is the inspector required to perform any inspection of the meter?Pursuant to Section 535.227(b)(3)(A)(vi) of the Standards of Practice, an inspector is not required to inspect or test metering devices.
Is the inspector required to inspect to trade or industry association standards? For example, ASTM, UL or ARMA?Inspectors are not required to inspect to trade or industry association standards. However, an inspector who advertises or represents that he or she will inspect to a higher standard could be subject to disciplinary action for failure to do so.
Are gas ranges, built-in wall ovens, or clothes dryers considered to be large, heavy, fragile objects which could be damaged or cause damage while being moved, and an undue hazard and risk to the inspector?Pursuant to Section 535.227(a)(1) of the Standards of Practice, inspectors are not required to move appliances in order to inspect behind them. However, it is often possible to locate gas shut-off valves either behind or near appliances (such as in the cabinet next to the range). If a gas shut-off valve cannot be located, this should be reported. As the question suggests, it is sometimes also possible to use a digital camera to “see” in areas that are not otherwise accessible and there are multiple means of detection of gas leaks in existence, such as through the use of hand held detectors (however, these would be considered specialized tools and are not required to be used in performing inspections). Are inspectors required to inspect underground drainage systems or to test gutters or downspouts?Inspectors are not required to inspect anything buried, hidden, latent, or concealed. Accordingly, the requirement that inspectors report deficiencies in installed gutter and downspout systems applies only to visible deficiencies in above-ground gutter and downspout systems and not to underground drain piping, cisterns, or other buried components.
Furthermore, there is no requirement that inspectors test gutters or downspouts (by pouring water into them or through other means). Are inspectors required to mark and or comment as deficient the absence of tamper resistant receptacles?No. The Standards of Practice do not address tamper-resistant receptacles. As a licensed inspector I would like to advertise that my company performs wood destroying insect inspections. Neither I nor anyone in my company is a licensed wood destroying insect inspector, but we recommend or provide one if requested by the client.Under inspector advertising Rule 535.221, an inspector may not engage in false or misleading advertising.
Including such information in your advertisement could be construed to be misleading in that a consumer may believe that you or members of your company are licensed to inspect for wood-destroying insects. Additionally, such advertising may also be in violation of the Structural Pest Control Service advertising rules. As a licensed inspector in the State of Texas, am I supposed to charge a sales tax on the amount of my inspection fee?TREC only handles the licensing and discipline of real estate inspectors, you would need to contact the state agency in charge of collecting state sales tax which is the Texas Comptroller of Public Accounts. The website for that agency is www.comptroller.texas.gov and their toll free number is 800.252.5555. As an inspector, when do I have to show proof of E&O insurance?A Certificate of Insurance form (promulgated by TREC), signed by the insurance agent, must be filed with TREC at the time the license is issued and with each renewal of the license.
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In addition, an inspector must retain sufficient records of professional liability insurance coverage, or any other insurance that provides coverage for violations of Subchapter G of Chapter 1102, to document to the commission continuous coverage for the preceding two year license period. Can An Inspector Perform A Sewer Line Inspection?Probably not.
TREC’s Standards of Practice (§535.231) require an inspector to operate plumbing fixtures, test for drain performance, and to report deficiencies in water supply pipes and waste pipes. An inspector can inspect the condition of an accessible pipe by visually inspecting the exterior of the pipe, by feeling the exterior with his or her hand, or by using a mirror or a camera that does that does not enter the sewer pipe.A TREC inspector is specifically exempt from inspecting for defects or deficiencies that are otherwise buried, hidden, latent, or concealed and should not inspect the interior of pipes using specialized invasive techniques such as a sewer scope. According to the Texas State Board of Plumbing Examiners, a sewer scope inspection must be performed by a licensed plumber, and an inspector who performs a sewer scope inspection could be subject to disciplinary action. Can I perform mold inspections under my TREC inspector license?No. The Texas Department of State Health Services regulates mold inspections. You can contact them at www.dshs.texas.gov/mold for information on the requirements to obtain a license to inspect for mold.
Can a licensed inspector perform a hydrostatic test?No, only a licensed plumber may perform a hydrostatic test on a system within a home. Do I have any recourse against the inspector for failing to note on his report that there was a gas leak outside the home due to a corroded gas line?Probably not. TREC licensed inspectors are required to follow Standards of Practice when inspecting property. These may be found on our website about. The Standards of Practice do not require an inspector to dig up gas lines in order to determine their condition. They are only required to conduct a visual inspection of the property, and buried gas lines are not required to be inspected.
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Do the Standards of Practice require inspectors to comment on the way a gas pipe enters a crawl space?The Standards of Practice require only that the pipe entry be reported as deficient when the gas piping is concealed in a duct, plenum, or chase. See Section 535.230(d)(4). 2012 return of quetzalcoatl pdf viewer pdf. Do the Standards of Practice require inspectors to determine the headroom clearance on stairs or to report inadequate clearance as a deficiency?Inspectors are not required to measure the headroom clearance of every flight of stairs. The Standards of Practice do not establish a minimum headroom clearance height. Whether to report inadequate headroom clearance as a deficiency is up to the reasonable judgment of the inspector.
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Do the Standards of Practice require inspectors to report as deficient a gas log fireplace with a damper that has not been blocked open? If so, what is the minimum distance the damper should be open?The lack of a damper clamp is required to be reported as a deficiency when a gas appliance or artificial gas logs (but not merely a log lighter pipe) is present. The Standards of Practice do not establish a minimum distance that the clamp should hold the damper open. Do the Standards of Practice require inspectors to report as deficient a plumbing fixture that does not fully drain, retaining a slight amount (such as a few cups) of residual water?A properly constructed and properly functioning bathtub or shower should drain virtually all water (with the exception of minimal amounts that remain due to the surface tension of the water). Amounts beyond this that remain due to indentations or improper slope in the tub or shower (including shelves, ledges, etc.) constitute deficiencies and should be reported as such. Do the Standards of Practice require inspectors to report as deficient evidence of a past attic fire?Evidence of a past fire is not, in itself, a deficiency.
Accordingly, inspectors are not required to report mere evidence of a past fire or the presence of paint in the attic.