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Real Estate Inspectors licensed in Texas are required to follow the Standards of Practice (SOPs), which are established by ÐÇ¿ÕÌåÓýappÏÂÔØ rules 22 TAC 535.227 - 535.233.

The SOPs define the minimum requirements for a real estate inspection performed for a prospective buyer or seller of one to four-family dwelling.Ìý

535.227: Standards of Practice: General Provisions

535.227 (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)ÌýThese 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)ÌýFor the purposes of these standards of practice a real estate inspection:

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

(C)Ìýrequires 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)Ìýspecialized equipment, including but not limited to:

(I)Ìýthermal imaging equipment;

(II)Ìýmoisture meters;

(III)Ìýgas or carbon monoxide detection equipment;

(IV)Ìýenvironmental testing equipment and devices;

(V)Ìýelevation determination devices;

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

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

(VIII)Ìýdrones; or

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

(I)Ìýenvironmental testing;

(II)Ìýelevation measurement;

(III)Ìýcalculations; or

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

(4)ÌýThese 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.

535.227 (b) Definitions.

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

(A)Ìýhazard to the inspector;

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

(C)Ìýusing specialized equipment or procedures;

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

(E)Ìýdamaging property, permanent construction or building finish; or

(F)Ìýusing a ladder for portions of the inspection other than the roof or attic space.

(2)ÌýChapter 1102--Texas Occupations Code, Chapter 1102.

(3)ÌýComponent--A part of a system.

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

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

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

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

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

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

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

(i)Ìýthe outlet of the service meter assembly;

(ii)Ìýthe outlet of the service regulator; or

(iii)Ìýthe 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)ÌýThe 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)ÌýInspect--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)ÌýPerformance--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)ÌýReport--To provide the inspector's opinions and findings regarding systems and components required by the standards of practice.

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

535.227 (c) General Requirements.

The inspector shall:

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

(2)Ìývisually 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)Ìýcomplete the standard inspection report form as required by §535.222 and §535.223 of this title.

535.227 (d) General Limitations.

The inspector is not required to:

(1)Ìýinspect:

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

(B)Ìýelevators;

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

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

(E)Ìýsub-surface drainage systems;

(F)Ìýautomated 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)Ìýconcrete flatwork such as driveways, sidewalks, walkways, paving stones or patios;

(2)Ìýreport:

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

(B)Ìýcosmetic or aesthetic conditions; or

(C)Ìýwear and tear from ordinary use;

(3)Ìýdetermine:

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

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

(i)Ìýasbestos;

(ii)Ìýlead-based paint;

(iii)Ìýmold, mildew;

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

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

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

(D)Ìýthe cause or source of a condition;

(E)Ìýthe cause or effect of deficiencies; or

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

(i)Ìýinsurability or warrantability;

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

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

(iv)Ìýlife expectancy or age;

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

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

(vii)Ìýutility sources; or

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

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

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

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

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

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

(E)Ìýcommon household accidents, personal injury, or death;

(F)Ìýthe presence of water penetrations; or

(G)Ìýfuture performance of any item;

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

(6)Ìýdesignate conditions as safe;

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

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

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

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

(11)Ìýoperate recirculation or sump pumps;

(12)Ìýremedy conditions preventing inspection of any item;

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

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

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

535.227 (e) Conflicting Prov.

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.

535.227 (f) Departure Provision.

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

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

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

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

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

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

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

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

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

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

(3)ÌýIf 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.

535.227 (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 SystemsÌý

535.228 (a) Foundations.

Ìý(1) The inspector shall:

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

ÌýÌýÌýÌý(B) report:

ÌýÌýÌýÌýÌýÌý(i) the type of foundations; and

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

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

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

ÌýÌýÌýÌýÌýÌý(ii) framing or frieze board separations;

ÌýÌýÌýÌýÌýÌý(iii) sloping floors;

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

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

ÌýÌýÌýÌý(D) report as Deficient:

ÌýÌýÌýÌýÌýÌý(i) deteriorated materials;

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

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

ÌýÌýÌýÌýÌýÌý(iv) exposed or damaged reinforcement;

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

ÌýÌýÌýÌýÌýÌý(vi) crawl space drainage that is not performing.

ÌýÌý(2) The inspector is not required to:

ÌýÌýÌýÌý(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;

ÌýÌýÌýÌý(B) provide an exhaustive list of indicators of possible adverse performance; or

ÌýÌýÌýÌý(C) inspect retaining walls not related to foundation performance.

535.228 (b) Grading and Drainage.

(1)ÌýÌýThe inspector shall report as Deficient:

(A)Ìýdrainage around the foundation that is not performing;

(B)Ìýdeficiencies in grade levels around the foundation; and

(C)Ìýdeficiencies in installed gutter and downspout systems.

(2)ÌýThe inspector is not required to:

(A)Ìýinspect flatwork or detention/retention ponds (except as related to slope and drainage);

(B)Ìýdetermine area hydrology or the presence of underground water; or

(C)Ìýdetermine the efficiency or performance of underground or surface drainage systems.

535.228 (c) Roof Covering Materials.

Ìý

(1)ÌýThe inspector shall:

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

(B)Ìýreport:

(i)Ìýtype of roof coverings;

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

(iii)Ìýevidence of water penetration; and

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

(C)Ìýreport as Deficient deficiencies in:

(i)Ìýfasteners;

(ii)Ìýadhesion;

(iii)Ìýroof covering materials;

(iv)Ìýflashing details;

(v)Ìýskylights; and

(vi)Ìýother roof penetrations.

(2)ÌýThe inspector is not required to:

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

(i)Ìýthe inspector cannot safely reach or stay on the roof; or

(ii)Ìýsignificant damage to the roof covering materials may result from walking on the roof;

(B)Ìýdetermine:

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

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

(C)Ìýidentify latent hail damage;

(D)Ìýexhaustively examine all fasteners and adhesion; or

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

535.228 (d) Roof Structures and Attics.

(1)ÌýThe inspector shall:

(A)Ìýreport:

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

(ii)Ìýapproximate average depth of attic insulation; and

(iii)Ìýevidence of water penetration; and

(B)Ìýreport as Deficient:

(i)Ìýattic space ventilation that is not performing;

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

(iii)Ìýmissing insulation; and

(iv)Ìýdeficiencies in:

(I)Ìýinstalled framing members and decking;

(II)Ìýattic access ladders and access openings; and

(III)Ìýattic ventilators.

(2)ÌýThe inspector is not required to:

(A)Ìýenter attics or unfinished spaces where openings are less than 22 inches by 30 inches or headroom is less than 30 inches;

(B)Ìýoperate powered ventilators; or

(C)Ìýprovide an exhaustive list of locations of deficiencies and water penetrations.

535.228 (e) Interior walls, ceilings, floors, and doors.

(1)ÌýThe inspector shall:

(A)Ìýreport evidence of water penetration; and

(B)Ìýreport as Deficient:

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

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

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

(2)ÌýThe inspector is not required to:

(A)Ìýreport cosmetic damage or the condition of floor, wall, or ceiling coverings; paints, stains, or other surface coatings; cabinets; or countertops; or

(B)Ìýprovide an exhaustive list of locations of deficiencies and water penetrations.

535.228 (f) Exterior walls, doors, and windows.

(1)ÌýThe inspector shall:

(A)Ìýreport evidence of water penetration; and

(B)Ìýreport as Deficient:

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

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

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

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

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

(III)Ìýnot a 20-minute fire-rated door;

(iv)Ìýmissing or damaged screens;

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

(vi)Ìýdeficiencies in:

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

(II)Ìýcladdings;

(III)Ìýwater resistant materials and coatings;

(IV)Ìýflashing details and terminations;

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

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

(2)ÌýÌýÌýThe inspector is not required to:

(A)Ìýreport the condition of awnings, blinds, shutters, security devices, or other non-structural systems;

(B)Ìýdetermine the cosmetic condition of paints, stains, or other surface coatings;

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

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

535.228 (g) Exterior and interior glazing.

(1)ÌýThe inspector shall report as Deficient:

(A)Ìýinsulated windows that are obviously fogged or display other evidence of broken seals;

(B)Ìýdeficiencies in glazing, weather stripping and glazing compound in windows and doors;

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

(D)Ìýthe 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)ÌýThe inspector is not required to:

(A)Ìýexhaustively inspect insulated windows for evidence of broken seals;

(B)Ìýexhaustively inspect glazing for identifying labels; or

(C)Ìýidentify specific locations of damage.

535.228 (h) Interior and exterior stairways.

(1)ÌýThe inspector shall report as Deficient:

(A)Ìýspacing 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)Ìýdeficiencies in steps, stairways, landings, guardrails, and handrails.

(2)ÌýThe inspector is not required to exhaustively measure every stairway component.

535.228 (i) Fireplaces and chimneys.

Ìý

(1)ÌýThe inspector shall report as Deficient:

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

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

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

(D)Ìýdeficiencies in the:

(i)Ìýdamper;

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

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

(iv)Ìýcirculating fan;

(v)Ìýcombustion air vents; and

(vi)Ìýchimney structure, termination, coping, crown, caps, and spark arrestor.

(2)ÌýThe inspector is not required to:

(A)Ìýverify the integrity of the flue;

(B)Ìýperform a chimney smoke test; or

(C)Ìýdetermine the adequacy of the draft.

535.228 (j) Porches, Balconies, Decks, and Carports.

(1)ÌýThe inspector shall:

(A)Ìýinspect:

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

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

(B)Ìýreport as Deficient:

(i)Ìýon 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)Ìýdeficiencies in accessible components.

(2)ÌýThe inspector is not required to:

(A)Ìýexhaustively measure every porch, balcony, deck, or attached carport components; or

ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý (B)Ìýenter 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

535.229 (a) Service Entrance and Panels.

(1)ÌýThe inspector shall report as Deficient:

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

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

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

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

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

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

(G)Ìýdeficiencies in:

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

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

(iii)Ìýthe compatibility of overcurrent devices and conductors;

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

(v)Ìýbonding and grounding;

(vi)Ìýconductors; and

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

(H)Ìýthe absence of:

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

(ii)Ìýappropriate connections;

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

(iv)Ìýmain disconnecting means.

(2)ÌýThe inspector is not required to:

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

(B)Ìýconduct voltage drop calculations;

(C)Ìýdetermine the accuracy of overcurrent device labeling;

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

(E)Ìýverify the effectiveness of overcurrent devices; or

ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý (F)Ìýoperate overcurrent devices.

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

(1)ÌýThe inspector shall:

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

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

(C)Ìýreport as Deficient:

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

(I)Ìýbathroom receptacles;

(II)Ìýgarage and accessory building receptacles;

(III)Ìýoutdoor receptacles;

(IV)Ìýcrawl space receptacles and lighting outlets;

(V)Ìýbasement receptacles;

(VI)Ìýreceptacles that serve kitchen countertops;

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

(VIII)Ìýlaundry area receptacles;

(IX)Ìýindoor damp and wet location receptacles;

(X)Ìýkitchen dishwasher receptacle; and

(XI)Ìýelectrically heated floors;

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

(I)Ìýkitchens;

(II)Ìýfamily rooms;

(III)Ìýdining rooms;

(IV)Ìýliving rooms;

(V)Ìýparlors;

(VI)Ìýlibraries;

(VII)Ìýdens;

(VIII)Ìýbedrooms;

(IX)Ìýsunrooms;

(X)Ìýrecreation rooms;

(XI)Ìýclosets;

(XII)Ìýhallways; and

(XIII)Ìýlaundry area;

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

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

(v)Ìýthe absence of:

(I)ÌýÌýequipment disconnects; and

(II)ÌýÌýappropriate 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)Ìýreceptacles less than five and a half feet above the floor that are not tamper resistant;

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

(I)Ìýpresence of power;

(II)Ìýcorrect polarity; and

(III)Ìýpresence of grounding;

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

(ix)Ìýdeficiencies in

(I)Ìýswitches;

(II)Ìýbonding or grounding;

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

(IV)Ìýdoorbell and chime components; and

(V)Ìýsmoke and carbon monoxide alarms;

(x)Ìýimproper use of extension cords;

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

(xii)Ìýthe absence of smoke alarms:

(I)Ìýin each sleeping room;

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

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

(xiii)Ìýthe 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)Ìýfuel fired appliance are installed in the dwelling; or

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

(2)ÌýThe inspector is not required to:

(A)Ìýinspect low voltage wiring;

(B)Ìýdisassemble mechanical appliances;

(C)Ìýverify the effectiveness of smoke alarms;

(D)Ìýverify interconnectivity of smoke alarms;

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

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

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

ÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌýÌý (H)Ìýtest 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

535.230 (a) Heating Equipment.

(1)ÌýGeneral requirements. The inspector shall:

(A)Ìýreport:

(i)Ìýthe type of heating systems; and

(ii)Ìýthe energy sources; and

(B)Ìýreport as Deficient:

(i)Ìýinoperative units;

(ii)Ìýdeficiencies in the thermostats;

(iii)Ìýinappropriate location;

(iv)Ìýthe lack of protection from physical damage;

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

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

(viii)Ìýdeficiencies in mounting and performance of window and wall units.

(2)ÌýRequirements for electric units. The inspector shall report deficiencies in:

(A)Ìýperformance of heat pumps;

(B)Ìýperformance of heating elements; and

(C)Ìýcondition of conductors; and

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

(A)Ìýgas leaks in the heating equipment not associated with the gas distribution system;

(B)Ìýflame impingement, uplifting flame, improper flame color, or excessive scale buildup; and

(C)Ìýdeficiencies in:

(i)Ìýcombustion, and dilution air; and

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

535.230 (b) Cooling Equipment.

Ìý (1)ÌýRequirements for cooling units other than evaporative coolers.

(A)Ìýthe inspector shall:

(i)Ìýreport the type of systems;

(ii)Ìýmeasure and report the temperature difference between the supply air and the returned air or report industry-accepted method used to determine performance; and

(iii)Ìýgenerally 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)Ìýthe inspector shall report as Deficient:

(i)Ìýinoperative units;

(ii)Ìýdeficiencies in the performance of the cooling system that:

(I)Ìýfails to achieve a 15 degrees Fahrenheit to 22 degrees Fahrenheit temperature differential; or

(II)Ìýfails to cool adequately as determined by other industry-accepted methods;

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

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

(v)Ìýnoticeable vibration of blowers or fans;

(vi)Ìýwater in the auxiliary/secondary drain pan;

(vii)Ìýa primary drain pipe that discharges in a sewer vent;

(viii)Ìýmissing or deficient refrigerant pipe insulation;

(ix)Ìýdirty coils, where accessible;

(x)Ìýcondensing units lacking adequate clearances or air circulation or that has deficiencies in the fins, location, levelness, or elevation above grade surfaces; and

(xi)Ìýdeficiencies in:

(I)ÌýÌýthe condensate drain and auxiliary/secondary pan and drain system;

(II)Ìýmounting and performance of window or wall units; and

(III)Ìýthermostats.

(2)ÌýRequirements for evaporative coolers.

(A)Ìýthe inspector shall report:

(i)Ìýtype of systems; and

(ii)Ìýthe type of water supply line; and

(B)Ìýthe inspector shall report as Deficient:

(i)Ìýinoperative units;

(ii)Ìýinadequate access and clearances;

(iii)Ìýdeficiencies in performance or mounting;

(iv)Ìýmissing or damaged components;

(v)Ìýthe presence of active water leaks; and

(vi)Ìýthe absence of backflow prevention.

535.230 (c) Duct Systems, Chases, and Vents.

Ìý(1)Ìýthe inspector shall report as Deficient:

(A)Ìýdamaged duct systems or improper material;

(B)Ìýdamaged or missing duct insulation;

(C)Ìýthe absence of air flow at accessible supply registers;

(D)Ìýthe presence of gas piping and sewer vents concealed in ducts, plenums and chases;

(E)Ìýducts or plenums in contact with earth; and

(F)Ìýdeficiencies in:

(i)Ìýfilters;

(ii)Ìýgrills or registers; and

(iii)Ìýthe location of return air openings.

535.230 (d) General Limitations.

For heating, ventilation, and air conditioning systems inspected under this section, the inspector is not required to perform the following actions:

(1)Ìýprogram digital thermostats or controls;

(2)Ìýinspect:

(A)Ìýfor pressure of the system refrigerant, type of refrigerant, or refrigerant leaks;

(B)Ìýwinterized or decommissioned equipment; or

(C)Ìýduct 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)Ìýoperate:

(A)Ìýsetback features on thermostats or controls;

(B)Ìýradiant heaters, steam heat systems, or unvented gas-fired heating appliances; or

(C)Ìýcooling or heating systems when weather conditions or other circumstances may cause equipment damage, including:

(i)Ìýcooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit; and

(ii)Ìýheat pumps, in the heat pump mode, when the outdoor temperature is above 70 degrees Fahrenheit;

(4)Ìýverify:

(A)Ìýcompatibility of components;

(B)Ìýtonnage and manufacturer match of indoor coils and outside coils or condensing units;

(C)Ìýthe accuracy of thermostats; or

(D)Ìýthe integrity of the heat exchanger; or

(5)Ìýdetermine:

(A)Ìýsizing, efficiency, or adequacy of the system;

(B)Ìýbalanced air flow of the conditioned air to the various parts of the building; or

(C)Ìýtypes of materials contained in insulation.

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

535.231 (a) Plumbing Systems.

(1)ÌýThe inspector shall:

(A)Ìýreport:

(i)Ìýlocation of water meter;

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

(iii)Ìýstatic water pressure;

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

(B)Ìýreport as Deficient:

(i)Ìýthe presence of active leaks;

(ii)Ìýwater pressure exceeding 80 PSI;

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

(iv)Ìýthe 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)Ìýthe absence of:

(I)Ìýfixture shutoff valves;

(II)Ìýdielectric unions, when applicable;

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

(vi)Ìýdeficiencies in:

(I)Ìýwater supply pipes and waste pipes;

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

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

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

(V)Ìýfixture drain performance;

(VI)Ìýorientation of hot and cold faucets

(VII)Ìýinstalled mechanical drain stops;

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

(IX)Ìýthe condition of the gas distribution system.

(2)ÌýThe inspector is not required to:

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

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

(C)Ìýverify the performance of:

(i)Ìýthe bathtub overflow;

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

(iii)Ìýfloor drains;

(D)Ìýinspect:

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

(ii)Ìýcirculating 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)Ìýinaccessible gas supply system components for leaks;

(iv)Ìýfor sewer clean-outs; or

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

(E) determine:

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

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

535.231 (b) Water Heaters.

Ìý

(1)ÌýGeneral Requirements.

(A)ÌýThe inspector shall:

(i) report:

(I)Ìýthe energy source;

(II)Ìýthe capacity of the units;

(ii)Ìýreport as Deficient:

(I)Ìýinoperative units;

(II)Ìýleaking or corroded fittings or tanks;

(III)Ìýdamaged or missing components;

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

(V)Ìýif 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)Ìýinappropriate locations;

(VII)Ìýthe lack of protection from physical damage;

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

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

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

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

(B)ÌýThe inspector is not required to:

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

(ii)Ìýoperate 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)Ìýdetermine the efficiency or adequacy of the unit.

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

(A)Ìýperformance of heating elements; and

(B)Ìýcondition of conductors; and

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

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

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

(C)Ìýdeficiencies in:

(i)Ìýcombustion and dilution air; and

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

535.231 (c) Hydro-massage Therapy Equipment.

Ìý

(1)ÌýThe inspector shall report as Deficient:

(A)Ìýinoperative units;

(B)Ìýthe presence of active leaks;

(C)Ìýdeficiencies in components and performance;

(D)Ìýmissing and damaged components;

(E)Ìýthe 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)Ìýthe absence or failure of operation of ground-fault circuit interrupter protection devices.

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

535.231 (d) Gas distribution systems.

(1)ÌýThe inspector shall:

(A)Ìýreport:

(i)Ìýlocation of gas meter; and

(ii)Ìývisible material used for gas distribution system;

(B)Ìýreport as Deficient:

(i)Ìýnoticeable gas leaks;

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

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

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

(v)Ìýdeficiencies in:

(I)Ìýgas shutoff valves;

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

(III)Ìýgas appliance connector materials; and

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

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

(vii)Ìýlack of visible sediment traps.

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

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

(B)Ìýpressurize or test gas system, drip legs or shutoff valves;

(C)Ìýoperate gas line shutoff valves; or

(D)Ìýlight or ignite pilot flames.

535.232: Standards of Practice: Minimum Inspection Requirements for Appliances

535.232 (a) Dishwashers.

The inspector shall report as Deficient:

(1)Ìýinoperative units;

(2)Ìýdeficiencies in performance or mounting;

(3)Ìýrusted, missing or damaged components;

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

(5)Ìýthe absence of visible backflow prevention.

535.232 (b) Food Waste Disposers.

The inspector shall report as Deficient:

(1)Ìýinoperative units;

(2)Ìýdeficiencies in performance or mounting;

(3)Ìýmissing or damaged components; and

ÌýÌýÌýÌýÌý (4)Ìýthe presence of visible active water leaks.

535.232 (c) Range hoods and exhaust systems.

The inspector shall report as Deficient:

(1)Ìýinoperative units;

(2)Ìýdeficiencies in performance or mounting;

(3)Ìýmissing or damaged components;

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

(5)Ìýimproper duct material.

535.232 (d) Electric or gas ranges, cooktops, and ovens.

The inspector shall report as Deficient:

(1)Ìýinoperative units;

(2)Ìýmissing or damaged components;

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

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

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

(6)Ìýdeficiencies in:

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

(B)Ìýmounting and performance.

535.232 (e) Microwave ovens.

The inspector shall inspect built-in units and report as Deficient:

(1)Ìýinoperative units;

(2)Ìýdeficiencies in performance or mounting; and

(3)Ìýmissing or damaged components.

535.232Ìý(f) Mechanical exhaust systems and bathroom heaters.

The inspector shall report as Deficient:

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

(2)Ìýinoperative units;

(3)Ìýdeficiencies in performance or mounting;

(4)Ìýmissing or damaged components;

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

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

535.232Ìý(g) Garage door operators.

The inspector shall report as Deficient:

(1)Ìýinoperative units;

(2)Ìýdeficiencies in performance or mounting;

(3)Ìýmissing or damaged components;

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

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

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

535.232Ìý(h) Dryer exhaust systems.

The inspector shall report as Deficient:

(1)Ìýmissing or damaged components;

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

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

(4)Ìýscreened terminations; and

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

535.232Ìý(i) General provisions.

The inspector is not required to:

(1)Ìýoperate or determine the condition of other auxiliary components of inspected items;

(2)Ìýtest for microwave oven radiation leaks;

(3)Ìýinspect self-cleaning functions;

(4)Ìýdisassemble appliances;

(5)Ìýdetermine the adequacy of venting systems;

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

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

(8)Ìýoperate 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

535.233 (a) Limitations.

An inspector is not required to inspect the components or systems described under this section.

535.233 (b) Scope.

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.

535.233 (c) Landscape irrigation (sprinkler) systems.

Ìý

(1)ÌýThe inspector shall:

(A)Ìýmanually operate all zones or stations on the system through the controller;

(B)Ìýreport as Deficient:

(i)Ìýthe absence of a rain or moisture sensor;

(ii)Ìý inoperative zone valves;

(iii)Ìýsurface water leaks;

(iv)Ìýthe absence of a backflow prevention device;

(v)Ìýthe absence of shutoff valves between the water meter and backflow device;

(vi)Ìýdeficiencies in the performance and mounting of the controller;

(vii)Ìýmissing or damaged components; and

(viii)Ìýdeficiencies in the performance of the water emission devices; such as, sprayer heads, rotary sprinkler heads, bubblers or drip lines.

(2)ÌýThe inspector is not required to inspect:

(A)Ìýfor effective coverage of the irrigation system;

(B)Ìýthe automatic function of the controller;

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

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

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

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

Ìý

(1)ÌýThe inspector shall:

(A)Ìýreport the type of construction;

(B)Ìýreport as Deficient:

(i)Ìýthe presence of a single blockable main drain (potential entrapment hazard);

(ii)Ìýa pump motor, blower, or other electrical equipment that lacks bonding;

(iii)Ìýthe absence of or deficiencies in safety barriers;

(iv)Ìýwater leaks in above-ground pipes and equipment;

(v)Ìýthe absence or failure in performance of ground-fault circuit interrupter protection devices; and

(vi)Ìýdeficiencies in:

(I)Ìýsurfaces;

(II)Ìýtiles, coping, and decks;

(III)Ìýslides, steps, diving boards, handrails, and other equipment;

(IV)Ìýdrains, skimmers, and valves;

(V)Ìýfilters, gauges, pumps, motors, controls, and sweeps;

(VI)Ìýlighting fixtures; and

(VII)Ìýthe pool heater that these standards of practice require to be reported for the heating system.

(2)ÌýThe inspector is not required to:

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

(B)Ìýoperate valves;

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

(D)Ìýfill the pool, spa, or hot tub with water;

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

(F)Ìýdetermine the presence of sub-surface water tables;

(G)Ìýdetermine the effectiveness of entrapment covers;

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

(I)Ìýinspect ancillary equipment such as computer controls, covers, chlorinators or other chemical dispensers, or water ionization devices or conditioners other than required by this section.

Ìý535.233 (e) Outbuildings.

(1)ÌýThe 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)ÌýThe 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.

535.233 (f) Private water wells.

(1)ÌýThe inspector shall:

(A)Ìýoperate at least two fixtures simultaneously;

(B)Ìýrecommend or arrange to have performed coliform testing;

(C)Ìýreport:

(i)Ìýthe type of pump and storage equipment;

(ii)Ìýthe proximity of any known septic system; and

(D)Ìýreport as Deficient deficiencies in:

(i)Ìýwater pressure and flow and performance of pressure switches;

(ii)Ìýthe condition of accessible equipment and components; and

(iii)Ìýthe well head, including improper site drainage and clearances.

(2)ÌýThe inspector is not required to:

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

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

(C)Ìýlocate or verify underground water leaks.

535.233 (g) Private sewage disposal systems.

Ìý

(1)ÌýThe inspector shall:

(A) report:

(i)Ìýthe type of system;

(ii)Ìýthe location of the drain or distribution field; and

(iii)Ìýthe 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)Ìývisual or olfactory evidence of effluent seepage or flow at the surface of the ground;

(ii)Ìýinoperative aerators or dosing pumps; and

(iii)Ìýdeficiencies in:

(I)Ìýaccessible components;

(II)Ìýfunctional flow;

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

(IV)Ìýthe aerobic discharge system.

(2)ÌýThe inspector is not required to:

(A)Ìýexcavate or uncover the system or its components;

(B)Ìýdetermine the size, adequacy, or efficiency of the system; or

(C)Ìýdetermine the type of construction used.

535.233 (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.