Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013 Page: 1,339
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(E) operate shut-off, safety, stop, pressure or pressure-
regulating valves or items requiring the use of codes, keys, combina-
tions, or similar devices;
(F) designate conditions as safe;
(G) recommend or provide engineering, architectural,
appraisal, mitigation, physical surveying, realty, or other specialist ser-
(H) review historical records, installation instructions,
repair plans, cost estimates, disclosure documents, or other reports;
(I) verify sizing, efficiency, or adequacy of the ground
surface drainage system;
(J) verify sizing, efficiency, or adequacy of the gutter
and downspout system;
(K) operate recirculation or sump pumps;
(L) remedy conditions preventing inspection of any
(M) apply open flame or light a pilot to operate any ap-
(N) turn on decommissioned equipment, systems or
utility services; or
(0) provide repair cost estimates, recommendations, or
(4) In the event of a conflict between specific provisions
and general provisions in the standards of practice, specific provisions
shall take precedence.
(A) An inspector may depart from the inspection of a
component or system required by the standards of practice only if:
(i) the inspector and client agree the item is not to be
(ii) the inspector is not qualified to inspect the item;
(iii) in the reasonable judgment of the inspector,
conditions exist that prevent inspection of an item;
(iv) the item is a common element of a multi-fam-
ily development and is not in physical contact with the unit being in-
spected, such as the foundation under another building or a part of the
foundation under another unit in the same building;
(v) the inspector reasonably determines that condi-
tions or materials are hazardous to the health or safety of the inspector;
(vi) in the reasonable judgment of the inspector, the
actions of the inspector may cause damage to the property.
(B) If an inspector departs from the inspection of a com-
ponent or system required by the standards of practice, the inspector
(i) notify the client at the earliest practical opportu-
nity that the component or system will not be inspected; and
(ii) make an appropriate notation on the inspection
report form, stating the reason the component or system was not in-
(C) If the inspector routinely departs from inspection of
a component or system required by the standards of practice, and the
inspector has reason to believe that the property being inspected in-
cludes that component or system, the earliest practical opportunity for
the notice required by this subsection is the first contact the inspector
makes with the prospective client.
(c) Enforcement. Failure to comply with the standards of prac-
tice is grounds for disciplinary action as prescribed by Chapter 1102.
535.228. Standards ofPractice: Minimum Inspection Requirements
for Structural Systems.
(a) Foundations. The inspector shall:
(1) render a written opinion as to the performance of the
(A) the type of foundations;
(B) the vantage point from which the crawl space was
(3) generally report present and visible indications used to
render the opinion of adverse performance, such as:
(A) binding, out-of-square, non-latching doors;
(B) framing or frieze board separations;
(C) sloping floors;
(D) window, wall, floor, or ceiling cracks or separa-
(E) rotating, buckling, cracking, or deflecting masonry
(4) report as Deficient:
(A) deteriorated materials;
(B) deficiencies in foundation components such as;
beams, joists, bridging, blocking, piers, posts, pilings, columns, sills
(C) deficiencies in retaining walls related to foundation
(D) exposed or damaged reinforcement;
(E) crawl space ventilation that is not performing; and
(F) crawl space drainage that is not performing.
(5) The inspector is not required to:
(A) enter a crawl space or any area where headroom is
less than 18 inches or the access opening is less than 24 inches wide
and 18 inches high;
(B) provide an exhaustive list of indicators of possible
adverse performance; or
(C) inspect retaining walls not related to foundation
(b) Grading and drainage. The inspector shall:
(1) report as Deficient:
(A) drainage around the foundation that is not perform-
(B) deficiencies in grade levels around the foundation;
(C) deficiencies in installed gutter and downspout sys-
(2) The inspector is not required to:
PROPOSED RULES March 1, 2013 38 TexReg 1339
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Texas. Secretary of State. Texas Register, Volume 38, Number 9, Pages 1269-1452, March 1, 2013, periodical, March 1, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth308911/m1/71/: accessed June 19, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.