Part 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
Chapter 335. PROFESSIONAL TITLE
The Texas Board of Physical Therapy Examiners proposes amendments to §335.1, concerning Licensed Physical Therapist/Licensed Physical Therapist Assistant. The amendments describe proper usage of the titles PT and PTA, and formalize requirements for the use of the title "doctor" by physical therapists.
The Board previously proposed and withdrew amendments to this section. In the previous proposed amendment, PTs using the affix "Doctor" would have been required to go further in clarifying the basis for their use of the term. The Texas Physical Therapy Association (TPTA) commented unfavorably on that proposed amendment. The TPTA suggested that the previous proposal exceeded the legal requirements in the Healing Arts Identification Act. It also stated that the rule was too broad and would affect PTs with doctorates financially. Also, a comment was received from the Texas Osteopathic Medical Association ("TOMA") and the American Osteopathic Association ("AOA"). TOMA and AOA stated that authorizing physical therapists with doctorates to refer to themselves as "doctors" is unwarranted, and would result in confusion among patients. In response, the Board cites §104.004 of the Healing Arts Identification Act, which gives a person with a doctoral degree the authority to use the title granted by the degree, as long as he designates the authority under which the title is used or the college or honorary degree that gives rise to the use of the title. The Board believes this current proposal, which uses the language from the Healing Arts Identification Act, makes it clear that the use of the title "doctor" by a PT with a doctorate requires identification of the degree, and at the same time does not place an undue burden on the PT who uses a title which has been granted by an appropriately accredited institution.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Maline also has determined that, for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be better understanding by licensees and the public of licensure designation, and more clarity about the use of the title "doctor" by physical therapists. The agency does not expect any financial impact on small businesses. No economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Texas Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Texas Occupations Code is affected by the amendments.
§335.1.Licensed Physical Therapist/Licensed Physical Therapist Assistant.
(a) A licensed physical therapist shall use the
title physical therapist or the initials PT. A licensed physical therapist
assistant shall use the title physical therapist assistant or the
initials PTA. No other titles or initials are conferred by a license
from this board. [The licensed physical therapist may use
the title physical therapist with the initials PT. The licensed physical
therapist assistant may use the title physical therapist assistant
with the initials PTA.]
(b) Any letters designating other titles, academic degrees, or certifications must follow the initials PT or PTA (example: Jane Doe, PT, DPT).
(c) In using the title "doctor" as a trade or professional asset or on any manner of professional identification, including a sign, pamphlet, stationery, or letterhead, or as a part of a signature, a physical therapist shall designate the college or honorary degree that gives rise to the use of the title, or the authority under which the title is used.
(d) A degree described in subsection (b) of this section shall be granted by an institution accredited by an accrediting agency recognized by the National Commission on Accrediting or the US Department of Education.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 1, 2008.
TRD-200802305
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 305-6900
The Texas Board of Physical Therapy Examiners proposes amendments to §347.5, concerning Requirements for Registered Facilities. The amendment clarifies what the owner of a facility must do when the physical address or name of a facility is changed.
John P. Maline, Executive Director of the Executive Council of Physical Therapy and Occupational Therapy Examiners, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Maline also has determined that, for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be clearer instructions for facility owners. The agency does not expect any financial impact on small businesses, as facilities have been complying with this requirement though it has not been clearly stated in rule previously. No economic cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Texas Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.
Title 3, Subtitle H, Chapter 453, Texas Occupations Code is affected by the amendments.
§347.5.Requirements for Registered Facilities.
(a) - (c) (No change.)
(d) A registered facility must notify the board within 30 days of any change to the name, physical/street address or mailing address. In the event of a name or physical address change, the owner must obtain a new registration certificate and renewal certificate (if applicable), showing the correct information.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 1, 2008.
TRD-200802304
John P. Maline
Executive Director, Executive Council of Physical Therapy and Occupational Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 305-6900
Chapter 535. GENERAL PROVISIONS
Subchapter R. REAL ESTATE INSPECTORS
The Texas Real Estate Commission (TREC) proposes new §535.222, concerning inspection reports. The new rule clarifies the inspection reporting requirements as recommended by the Texas Real Estate Inspector Committee, an advisory committee of six professional inspectors and three public members appointed by TREC. The new rule clarifies that all inspections performed pursuant to an inspector license issued by TREC must be reported in writing and establishes general requirements regarding information contained in the report and delivery to the client.
Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the new rule is in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the new rule. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the new rule. There is no anticipated economic cost to persons who are required to comply with the proposed new rule.
Ms. Bijansky also has determined that for each year of the first five years the new rule as proposed is in effect, the public benefit anticipated as a result of enforcing the new rule will be increased clarity for inspectors and consumers alike regarding the requirements of a written inspection report.
Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new rule is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed new rule.
§535.222.Inspection Reports.
(a) For each inspection, the inspector shall:
(1) prepare a written inspection report noting observed deficiencies and other items required to be reported; and
(2) deliver the report within a reasonable period of time to the person for whom the inspection was performed.
(b) The inspection report shall include:
(1) the name and license number of the responsible inspector;
(2) the name and license number of the apprentice or real estate inspector, and the signature of the inspector's sponsoring professional inspector, if applicable;
(3) the address or other unique description of the property on each page of the report; and
(4) the client's name.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 5, 2008.
TRD-200802352
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 465-3900
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Real Estate Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Real Estate Commission (TREC) proposes the repeal of §535.223, concerning standard inspection report forms. The repeal is proposed because the subjects addressed in this section will be covered in new §535.222 and §535.223 TREC is simultaneously proposing as part of the Real Estate Inspector Committee comprehensive review and recommendations regarding inspector standards of practice and reporting requirements. The proposed new rules, otherwise explained in this issue of the Texas Register , would adopt by reference a revised standard inspection report form, clarify that a written inspection report is required for all inspections performed pursuant to an inspector license issued by TREC, and clarify when the standard form is required and how it may be modified by licensees.
Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the repeal. There is no anticipated impact on small businesses, micro- businesses or local or state employment as a result of implementing the repeal. There is no anticipated economic cost to persons who are required to comply with the proposed repeal.
Ms. Bijansky has also determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the repeal will be clarification of for inspectors and consumers alike regarding the use of the standard inspection report form.
Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The repeal is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed repeal.
§535.223.Standard Inspection Report Forms.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 5, 2008.
TRD-200802350
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 465-3900
The Texas Real Estate Commission (TREC) proposes new §535.223, concerning standard inspection report forms. The new rule would adopt by reference a revised standard inspection report form. TREC has a statutory duty to adopt standard inspection report forms and to adopt rules requiring licensed inspectors to use the report forms under Senate Bill Number 1100, 75th Legislature (1997). The new rule also clarifies when the form is required and how it may be modified by licensees.
The proposed new rule has been recommended by the Texas Real Estate Inspector Committee, an advisory committee of six professional inspectors and three public members appointed by TREC, to correspond to proposed revisions to the inspector standards of practice that are included in proposed new §§535.227 - 535.233 which also appear in this issue of the Texas Register.
Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the new rule is in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the new rule. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the new rule. There may be a small cost to some licensees who may have to purchase upgrades to inspection report software, but this minimal cost is outweighed by the benefit to the public.
Ms. Bijansky also has determined that for each year of the first five years the new rule as proposed is in effect the public benefit anticipated as a result of enforcing the new rule will be increased clarity for inspectors and consumers alike regarding the use of the standard inspection report form.
Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new rule is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed new rule.
§535.223.Standard Inspection Report Form.
The Texas Real Estate Commission adopts by reference Property Inspection Report Form REI 7A-1, approved by the Commission in 2008 for use in reporting inspection results. This document is published by and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
(1) Except as provided by this section, inspections performed for a prospective buyer or prospective seller of one-to-four family residential property shall be reported on Form REI 7A-1 adopted by the Commission ("the standard form").
(2) Inspectors may reproduce the standard form by computer or from printed copies obtained from the Commission. Except as specifically permitted by this section, the inspector shall reproduce the text of the standard form verbatim and the spacing, length of blanks, borders, and placement of text on the page must appear to be identical to that in the printed version of the standard form.
(3) An inspector may make the following changes to the standard form:
(A) the inspector may delete the line for name, license number, and signature of the sponsoring inspector if the inspection was performed solely by a professional inspector;
(B) the inspector may change the typeface, provided that fonts are no smaller than those used in the printed version of the standard form;
(C) the inspector may use legal sized (8-1/2" by 14") paper;
(D) the inspector may add a cover page to the report form;
(E) the inspector may add footers to each page of the report except the first page and may add headers to each page of the report;
(F) the inspector may place the property identification and page number at either the top or bottom of the page;
(G) the inspector may add subheadings under items, provided that the numbering of the standard items remains consistent with the standard form;
(H) the inspector may list other items in the appropriate section of the form and additional captions, letters, and check boxes for those items;
(I) the inspector may delete inapplicable subsections of Section VI. Optional Systems, and re-letter any remaining subsections;
(J) the inspector may delete Subsection L. Other, of Section I. Structural Systems;
(K) the inspector may allocate such space in the "Additional Information Provided by the Inspector" section and in each of the spaces provided for comments for each inspected item as the inspector deems necessary or may attach additional pages of comments to the report; and
(L) if necessary to report the inspection of a part, component, or system not contained in the standard form, or space provided on the form is inadequate for a complete reporting of the inspection, the inspector may attach additional pages to the form. When providing comments or additional pages to report on items listed on a form, the inspector shall arrange the comments or additional pages to follow the sequence of the items listed in the form adopted by the commission.
(4) The inspector shall renumber the pages of the form to correspond with any changes made necessary due to adjusting the space for comments or adding additional items and shall number all pages of the report, including any addenda.
(5) The inspector shall indicate, by checking the appropriate boxes on the form, whether each item was inspected, not inspected, not present, and/or deficient and shall explain the findings in the appropriate space on the form.
(6) This section does not apply to the following:
(A) re-inspections of a property performed for the same client;
(B) inspections performed for or required by a lender or governmental agency;
(C) inspections for which federal or state law requires use of a different report; or
(D) quality control construction inspections of new homes performed for builders, including phased construction inspections, inspections performed solely to determine compliance with building codes, warranty or underwriting requirements, or inspections required by a municipality and the builder or other entity requires use of a different report, and the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a builder or other entity in accordance with the builder's requirements. The report is not intended as a substitute for an inspection of the property by an inspector of the buyer's choice. Standard inspections performed by a Texas Real Estate Commission licensee and reported on Texas Real Estate Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase." If a report form required for use by the builder or builder's employee does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 5, 2008.
TRD-200802353
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 465-3900
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Texas Real Estate Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Real Estate Commission (TREC) proposes the repeal of §§535.227 - 535.231, concerning inspector standards of practice. The repeal of the sections is proposed because the subjects addressed in these sections will be covered in new §§535.227 - 535.233. TREC is simultaneously proposing as part of the Real Estate Inspector Committee comprehensive review and recommendations regarding inspector standards of practice. The proposed new rules, otherwise explained in this issue of the Texas Register, divide the standards of practice for inspectors into seven sections (two additional sections) and contain a number of substantive changes recommended by the Texas Real Estate Inspector Committee, an advisory committee of six professional inspectors and three public members appointed by TREC.
As the proposed new sections will comprehensively address the subjects of the proposed repealed rules as well implement the recommendations, repeal of the existing rules is necessary to avoid confusion and repetition.
Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the sections. There is no anticipated impact on small businesses, micro-businesses, or local or state employment as a result of implementing the sections.
Ms. Bijansky has also determined that for each year of the first five years the proposed repeal is in effect the public benefit anticipated as a result of enforcing the new rules will be clarification of professional standards for home inspections. There is no anticipated economic cost to persons who are required to comply with the proposed repeal.
Comments on the proposed repeal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The repeal is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed repeal.
§535.227.Standards of Practice: General Provisions.
§535.228.Standards of Practice: Inspection Guidelines for Structural Systems.
§535.229.Standards of Practice: Inspection Guidelines for Mechanical Systems: Appliances, Cooling Systems, Heating Systems, Ducts, Vents and Flues, and Plumbing Systems.
§535.230.Standards of Practice: Inspection Guidelines for Electrical Systems.
§535.231.Standards of Practice: Optional Systems.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 5, 2008.
TRD-200802351
Devon V. Bijanksy
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 465-3900
The Texas Real Estate Commission (TREC) proposes new §§535.227 - 535.233, concerning inspector standards of practice. The new rules are proposed in conjunction with the Real Estate Inspector Committee's comprehensive review and recommendation regarding inspector standards of practice. The proposed new rules divide the standards of practice for inspectors into seven sections by providing two additional sections and contain a number of substantive changes recommended by the Texas Real Estate Inspector Committee, an advisory committee of six professional inspectors and three public members appointed by TREC.
Generally, the proposed new rules rearrange the current standards of practice, listing the systems, components, and items in a home which the inspector must include in an inspection unless the inspector's client agrees to limit the scope of the inspection.
New §535.227 addresses standards of practice: general provisions which include definitions, the scope, and the departure provisions of an inspection.
New §535.228 addresses minimum inspection requirements for structural systems.
New §535.229 addresses minimum inspection requirements for electrical systems.
New §535.230 address minimum inspection requirements for heating, ventilation, and air conditioning systems.
New §535.231 addresses minimum inspection requirements for plumbing systems.
New §535.232 addresses minimum inspection requirements for appliances.
New §535.233 addresses minimum inspection requirements for optional systems.
Devon V. Bijansky, Assistant General Counsel, has determined that for the first five-year period the new rules are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the new rules. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the new rules.
Ms. Bijansky also has determined that for each year of the first five years the new rules as proposed are in effect the public benefit anticipated as a result of enforcing the new rules will be increased clarity for inspectors and consumers alike, as well as standards that more accurately reflect current technology, codes, and practices that form the basis of many of the standards. There is no anticipated economic cost to persons who are required to comply with the proposed new rules.
Comments on the proposal may be submitted to Devon V. Bijansky, Assistant General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The new rules are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties and to establish standards of conduct and ethics for its licensees in keeping with the purpose and intent of the Act to ensure compliance with the provisions of the Act.
The statutes affected by this proposal are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the proposed new rules.
§535.227.Standards of Practice: General Provisions.
(a) Definitions.
(1) Accessible--In the reasonable judgment of the inspector, capable of being approached, entered, or viewed without:
(A) undue hazard to the inspector;
(B) moving furnishings or large, heavy, or fragile objects;
(C) using specialized tools or procedures;
(D) disassembling items other than covers or panels intended to be removed for inspection or maintenance;
(E) damaging property; or
(F) using a ladder for portions of the inspection other than the roof or attic space.
(2) Chapter 1102--Texas Occupations Code, Chapter 1102.
(3) Cosmetic--Related only to appearance or aesthetics, and not related to structural performance or water penetration.
(4) Deficiency--A condition that, in the inspector's reasonable judgment, adversely and materially affects the performance of a system or component or constitutes a hazard to life, limb, or property as specified by these standards of practice. General deficiencies include but are not limited to inoperability, material distress, interior water penetration, damage, deterioration, missing parts, and unsuitable installation.
(5) Deficient--Reported as having one or more deficiencies.
(6) Inspect--To look at and examine accessible items, parts, systems, or components and report observed deficiencies.
(7) Performance--Achievement of an operation, function, or configuration consistent with accepted industry practice.
(8) Report--To provide the inspector's opinions, judgment, and findings on the standard inspection report form.
(9) Specialized procedures--Procedures such as environmental testing, elevation measurement, and any method employing destructive testing that damages otherwise sound materials or finishes.
(10) Specialized tools--Tools such as thermal imaging equipment, canned smoke, moisture meters, gas leak detection equipment, environmental testing equipment and devices, elevation determination devices, and ladders capable of reaching surfaces over one story above ground surfaces.
(11) Standards of practice--Sections 535.227 - 535.233 of this title.
(b) Scope.
(1) These standards of practice define the minimum levels of inspection required for substantially completed residential improvements to real property up to four dwelling units. A real estate inspection is a limited visual survey and basic operation of the systems and components of a building using normal controls and does not require the use of specialized tools or procedures. The purpose of the inspection is to provide the client with information regarding the general condition of the residence at the time of 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 the standards of practice.
(2) General Requirements. The inspector shall:
(A) operate fixed or installed equipment and appliances listed herein in at least one mode with ordinary controls at typical settings;
(B) visually inspect accessible systems or components from near proximity to the systems and components, and from the interior of the attic and crawl spaces; and
(C) complete the standard inspection report form as required by §535.222 of this title (relating to Inspection Reports) and §535.223 of this title (relating to Standard Inspection Report Form).
(3) General limitations. The inspector is not required to:
(A) inspect:
(i) items other than those listed herein;
(ii) elevators;
(iii) detached structures, decks, docks, fences, or waterfront structures or equipment;
(iv) anything buried, hidden, latent, or concealed; or
(v) automated or programmable control systems, automatic shut-off, photoelectric sensors, timers, clocks, metering devices, signal lights, lightning arrestor system, remote controls, security or data distribution systems, or solar panels;
(B) report:
(i) past repairs that appear to be effective and workmanlike;
(ii) cosmetic or aesthetic conditions; or
(iii) wear and tear from ordinary use;
(C) determine:
(i) insurability, warrantability, suitability, adequacy, capacity, reliability, marketability, operating costs, recalls, life expectancy, age, energy efficiency, vapor barriers, thermostatic operation, code compliance, utility sources, or manufacturer or regulatory requirements;
(ii) the presence or absence of pests, termites, or other wood-destroying insects or organisms;
(iii) the presence, absence, or risk of asbestos, lead-based paint, mold, mildew, or any other environmental hazard, environmental pathogen, carcinogen, toxin, mycotoxin, pollutant, fungal presence or activity, or poison; or
(iv) types of wood or preservative treatment and fastener compatibility;
(D) anticipate future events or conditions, including but not limited to:
(i) decay, deterioration, or damage that may occur after the inspection;
(ii) deficiencies from over or under use;
(iii) changes in performance of any part, component, or system due to changes in use or occupancy;
(iv) the consequences of the inspection or its effects on current or future buyers and sellers;
(v) common household accidents, personal injury, or death;
(vi) the absence of water penetration(s); or
(vii) future performance of any item;
(E) operate shut-off, safety, stop, pressure, or pressure-regulating valves or items requiring the use of codes, keys, combinations, or similar devices;
(F) designate conditions as safe;
(G) recommend or provide engineering, architectural, appraisal, mitigation, physical surveying, realty, or other specialist services;
(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) operate recirculation or sump pumps;
(K) remedy conditions preventing inspection of any item;
(L) apply open flame to operate any appliance;
(M) turn on decommissioned equipment, systems, or utility services; or
(N) provide repair cost estimates, recommendations, or re-inspection services.
(4) In the event of a conflict between specific provisions and general provisions in the standards of practice, specific provisions shall take precedence.
(5) Departure.
(A) An inspector may depart from the standards of practice only if the requirements of subparagraph (B) of this paragraph are met, and:
(i) the inspector and client agree the item is not to be inspected;
(ii) the inspector is not qualified to inspect the item;
(iii) conditions beyond the control of the inspector reasonably prevent inspection of an item;
(iv) the 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;
(v) the inspector reasonably determines that conditions or materials are hazardous to the health or safety of the inspector; or
(vi) the inspector reasonably determines that actions of the inspector may cause damage to the property.
(B) If a part, component, or system required for inspection is not inspected, the inspector shall:
(i) advise the client at the earliest practical opportunity that the part, component, or system will not be inspected; and
(ii) make an appropriate notation on the inspection report form, clearly stating the reason the part, component, or system was not inspected.
(C) If the inspector routinely departs from inspection of a part, system, or component, the earliest practical opportunity for the notice required by this subsection is the first contact with the prospect and the inspector has reason to believe that the property being inspected has the part, system, or component the inspector routinely does not inspect.
(c) 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 Systems.
(a) Foundations. The inspector shall:
(1) inspect slab surfaces, foundation framing components, subflooring, and related structural components;
(2) report:
(A) the type of foundation(s); and
(B) the vantage point from which the crawl space was inspected; and
(3) generally report present and visible indications used to render the opinion of adverse performance, such as:
(A) open or offset concrete cracks;
(B) binding, out-of-square, non-latching, warped, or twisted doors or frames;
(C) framing or frieze board separations;
(D) out-of-square wall openings or separations at wall openings or between the cladding and window/door frames;
(E) sloping floors, countertops, cabinet doors, or window/door casings;
(F) wall, floor, or ceiling cracks;
(G) rotating, buckling, or deflecting masonry cladding;
(H) separation of walls from ceilings or floors; and
(I) soil erosion, subsidence or shrinkage adjacent to the foundation and differential movement of abutting walkways, driveways, and patios;
(4) report as Deficient:
(A) exposed or damaged reinforcement;
(B) a crawl space that does not appear to be adequately ventilated;
(C) crawl space drainage that does not appear to be adequate;
(D) deteriorated materials;
(E) damaged beams, joists, bridging, blocking, piers, posts, pilings, or subfloor;
(F) non-supporting piers, posts, pilings, columns, beams, sills, or joists; and
(G) damaged retaining walls related to foundation performance; and
(5) render a written opinion as to the performance of the foundation.
(b) Specific limitations for foundations. The inspector is not required to:
(1) enter a crawlspace or any area where headroom is less than 18 inches or the access opening is less than 24 inches wide and 18 inches high;
(2) provide an exhaustive list of indicators of possible adverse performance; or
(3) inspect retaining walls not related to foundation performance.
(c) Grading and drainage. The inspector shall report as Deficient:
(1) improper or inadequate grading around the foundation;
(2) erosion;
(3) water ponding; and
(4) deficiencies in installed gutter and downspout systems.
(d) Specific limitations for grading and drainage. The inspector is not required to:
(1) inspect flatwork or detention/retention ponds;
(2) determine area hydrology or the presence of underground water; or
(3) determine the efficiency or operation of underground drainage systems.
(e) Roof covering materials. The inspector shall:
(1) inspect the roof covering materials from the surface of the roof;
(2) report:
(A) type of roof covering(s);
(B) vantage point from where the roof was inspected;
(C) any levels or surfaces that were not accessed;
(D) evidence of previous repairs to roof covering materials, flashing details, skylights, and other roof penetrations; and
(E) evidence of water penetration; and
(3) report as Deficient:
(A) a roof covering that is not appropriate for the slope of the roof;
(B) deficiencies in:
(i) roof covering materials;
(ii) flashing details;
(iii) skylights; and
(iv) other roof penetrations; and
(C) fasteners that are not present or that are not appropriate for material and location (where it can be reasonably determined by a random sampling of shingles).
(f) Specific limitations for roof covering. The inspector is not required to:
(1) determine the remaining life expectancy of the roof covering;
(2) inspect the roof from the roof level if, in the inspector's reasonable judgment, the inspector cannot safely reach or stay on the roof or significant damage to the roof covering materials may result from walking on the roof;
(3) determine the number of layers of roof covering material;
(4) identify latent hail damage; or
(5) provide an exhaustive list of locations of water penetrations or previous repairs.
(g) Roof structure and attic. The inspector shall:
(1) report:
(A) the vantage point from which the attic space was inspected;
(B) the presence of and approximate average depth of attic insulation and thickness of vertical insulation, when visible; and
(C) evidence of water penetration; and
(2) report as Deficient:
(A) attic space that does not appear to be adequately ventilated;
(B) deficiencies in installed framing members and decking;
(C) deflections or depressions in the roof surface as related to the adverse performance of the framing and the roof deck;
(D) missing insulation;
(E) deficiencies in attic access ladder and access opening; and
(F) deficiencies in attic ventilators.
(h) Specific limitations for roof structure and attic. The inspector is not required to:
(1) enter attics or unfinished spaces where openings are less than 22 inches by 30 inches or headroom is less than 30 inches;
(2) operate powered ventilators; or
(3) provide an exhaustive list of locations of water penetrations.
(i) Interior walls, ceilings, floors, and doors. The inspector shall:
(1) report evidence of water penetration; and
(2) report as Deficient:
(A) doors and hardware that do not operate properly;
(B) deficiencies related to structural performance or water penetration; and
(C) lack of separation between the garage and the residence and its attic space.
(j) Specific limitation for interior walls, doors, ceilings, and floors. The inspector is not required to report cosmetic damage or the condition of floor, wall, or ceiling coverings; paints, stains, or other surface coatings; cabinets; or countertops.
(k) Exterior walls, doors, and windows. The inspector shall:
(1) report evidence of water penetration; and
(2) report as Deficient:
(A) the lack of functional emergency escape and rescue openings in all sleeping rooms;
(B) the lack of a solid wood door not less than 1-3/8 inches in thickness, a solid or honeycomb core steel door not less than 1-3/8 inches thick, or a 20-minute fire-rated door between the residence and an attached garage;
(C) missing or damaged screens;
(D) deficiencies related to structural performance or water penetration; and
(E) deficiencies in:
(i) claddings;
(ii) water resistant materials and coatings;
(iii) flashing details and terminations;
(iv) the condition and operation of exterior doors, garage doors, and hardware; and
(v) window operation and components.
(l) Specific limitations for exterior walls, doors, and windows. The inspector is not required to:
(1) report the condition or presence of awnings, shutters, security devices, or systems;
(2) determine the cosmetic condition of paints, stains, or other surface coatings; or
(3) operate a lock if the key is not available.
(m) Exterior and interior glazing. The inspector shall:
(1) inspect the window and door glazing; and
(2) report as Deficient:
(A) insulated windows that are obviously fogged or display other evidence of broken seals;
(B) deficiencies in glazing in windows and exterior doors;
(C) deficiencies in the glazing weather stripping and glazing compound; and
(D) the absence of safety glass in hazardous locations.
(n) Specific limitation for exterior and interior glazing. The inspector is not required to:
(1) exhaustively observe insulated windows for evidence of broken seals;
(2) exhaustively observe glazing for identifying labels; or
(3) identify specific locations of damage.
(o) Interior and exterior stairways. The inspector shall report as Deficient:
(1) spacing 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
(2) deficiencies in steps, stairways, landings, guardrails, and handrails.
(p) Specific limitation for stairways. The inspector is not required to exhaustively measure every stairway component.
(q) Fireplace and chimney. The inspector shall report as Deficient:
(1) built-up creosote in visible areas of the firebox and flue;
(2) the presence of combustible materials in near proximity to the firebox opening;
(3) the absence of fireblocking at the attic penetration of the chimney flue, where accessible;
(4) an inoperative circulating fan; and
(5) deficiencies in the:
(A) damper;
(B) lintel, hearth, hearth extension, and firebox;
(C) gas log lighter valve and location;
(D) combustion air vents; and
(E) chimney structure, termination, coping, crown, caps, and spark arrestor.
(r) Specific limitations for fireplace and chimney. The inspector is not required to:
(1) verify the integrity of the flue;
(2) perform a chimney smoke test; or
(3) determine the adequacy of the draft.
(s) Porches, Balconies, Decks, and Carports. The inspector shall:
(1) inspect balconies, attached carports, and attached porches and abutting porches, decks, and balconies that are used for ingress and egress; and
(2) report as Deficient:
(A) on 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;
(B) deficiencies in visible footings, piers, posts, pilings, beams, joists, decking, water proofing at interfaces, flashing, surface coverings, and attachment points of porches, decks, balconies, and carports; and
(C) deficiencies in or absence of required, guardrails and handrails.
(t) Specific limitation for porches, balconies, decks, and carports. The inspector is not required to:
(1) exhaustively measure the porch, balcony, deck, or attached carport components; or
(2) enter 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.
(a) Service entrance and panels. The inspector shall report as Deficient:
(1) a drop, weatherhead, or mast that is not securely fastened to the structure;
(2) the lack of a grounding electrode system;
(3) the lack of a grounding electrode conductor;
(4) the lack of a secure connection to the grounding electrode system;
(5) deficiencies in the insulation of the service entrance conductors, drip loop, separation of conductors at weatherheads, and clearances;
(6) electrical cabinets, gutters, meter cans, and panel boards that:
(A) are not secured to the structure;
(B) are not appropriate for their location;
(C) have deficiencies in clearances and accessibility;
(D) are missing knockouts; or
(E) are not bonded and grounded;
(7) cabinets, disconnects, cutout boxes, and panel boards that do not have dead fronts secured in place with proper fasteners;
(8) conductors not protected from the edges of electrical cabinets, gutters, or cutout boxes;
(9) trip ties not installed on 240 volt circuits;
(10) deficiencies in the type and condition of the wiring in the cutout boxes, cabinets, or gutters;
(11) deficiencies in the compatibility of overcurrent devices and conductors;
(12) deficiencies in the overcurrent device and circuit for labeled and listed 240 volt appliances;
(13) a panel that is installed in a hazardous location, such as a clothes closet, a bathroom, where there are corrosive or easily ignitable materials, or where the panel is exposed to physical damage;
(14) the absence of appropriate connections, such as copper/aluminum-approved devices;
(15) the absence of anti-oxidants on aluminum conductor terminations;
(16) the lack of a main disconnecting means;
(17) the lack of arc-fault circuit interrupting devices serving family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreations rooms, closets, hallways, or similar rooms or areas; and
(18) failure of operation of installed arc-fault circuit interrupter devices.
(b) Specific limitations for service entrance and panels. The inspector is not required to:
(1) determine present or future sufficiency of service capacity amperage, voltage, or the capacity of the electrical system;
(2) test arc-fault circuit interrupter devices when the property is occupied or damage to personal property may result, in the inspector's reasonable judgment;
(3) report the lack of arc-fault circuit interrupter protection when the circuits are in conduit;
(4) conduct voltage drop calculations;
(5) determine the accuracy of overcurrent device labeling;
(6) remove covers where hazardous as judged by the inspector;
(7) verify the effectiveness of overcurrent devices; or
(8) operate overcurrent devices.
(c) Branch circuits, connected devices, and fixtures. The inspector shall:
(1) report the type of branch circuit conductors;
(2) manually test the accessible smoke alarms; and
(3) report as Deficient:
(A) the lack of ground-fault circuit interrupter protection in all:
(i) bathroom receptacles;
(ii) garage receptacles;
(iii) outdoor receptacles;
(iv) crawl space receptacles;
(v) unfinished basement receptacles;
(vi) kitchen countertop receptacles; and
(vii) laundry, utility, and wet bar sink receptacles located within 6 feet of the outside edge of a laundry, utility, or wet bar sink; and
(B) the failure of operation of ground-fault circuit interrupter protection devices;
(C) receptacles that:
(i) are damaged;
(ii) are inoperative;
(iii) have incorrect polarity;
(iv) are not grounded, if applicable;
(v) display evidence of arcing or excessive heat;
(vi) are not securely mounted; or
(vii) have missing or damaged covers;
(D) switches that:
(i) are damaged;
(ii) are inoperative;
(iii) display evidence of arcing or excessive heat;
(iv) are not securely mounted; or
(v) have missing or damaged covers;
(E) deficiencies in or absences of conduit, where applicable;
(F) appliances that are not bonded or grounded;
(G) deficiencies in wiring, wiring terminations, junctions, junction boxes, and fixtures;
(H) the lack of equipment disconnects;
(I) the absence of appropriate 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;
(J) improper use of extension cords;
(K) deficiencies in smoke alarms that are not connected to a central alarm system; and
(L) the lack of smoke alarms:
(i) in each sleeping room;
(ii) outside each separate sleeping area in the immediate vicinity of the sleeping rooms; and
(iii) on each additional story of the dwelling, including basements but excluding crawl spaces and uninhabitable attics (in dwellings with split levels and without an intervening door between the levels, a smoke alarm installed on the upper level and the adjacent lower level shall suffice provided that the lower level is less than one full story below the upper level).
(d) Specific limitations for branch circuits, connected devices, and fixtures. The inspector is not required to:
(1) inspect low voltage wiring;
(2) exhaustively examine all outlets;
(3) disassemble mechanical appliances;
(4) verify the effectiveness of smoke alarms;
(5) activate smoke alarms using specialized tools and procedures or codes; or
(6) verify that smoke alarms are suitable for the hearing-impaired.
§535.230.Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems.
(a) Heating equipment. The inspector shall:
(1) report:
(A) the type of heating system(s); and
(B) the energy source(s);
(2) report as Deficient:
(A) an inoperative unit;
(B) deficiencies in the controls and operating components of the system;
(C) the lack of protection from physical damage;
(D) burners, 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;
(E) inappropriate location;
(F) inadequate clearances;
(G) deficiencies in mounting and operation of window units; and
(H) deficiencies in thermostats;
(3) in electric units, report as Deficient deficiencies in:
(A) operation of heating elements; and
(B) condition of conductors; and
(4) in gas units, report as Deficient:
(A) gas leaks;
(B) the presence of forced air in the burner compartment;
(C) flame impingement, uplifting flame, improper flame color, or excessive scale buildup;
(D) the lack of a gas shut-off valve; and
(E) deficiencies in:
(i) conditioned, combustion, and dilution air;
(ii) gas shut-off valves and locations;
(iii) gas connector materials and connections; and
(iv) the vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.
(b) Cooling equipment other than evaporative coolers. The inspector shall:
(1) report the type of system(s); and
(2) report as Deficient:
(A) inoperative unit(s);
(B) inadequate cooling as demonstrated by its performance in the reasonable judgment of the inspector;
(C) noticeable vibration of the blower fan or condensing fan;
(D) deficiencies in the condensate drain and auxiliary/secondary pan and drain system;
(E) water in the auxiliary/secondary drain pan;
(F) a primary drain pipe that terminates in a sewer vent;
(G) missing or deficient refrigerant pipe insulation;
(H) dirty evaporator or condensing coils, where accessible;
(I) damaged casings on the coils;
(J) a condensing unit lacking adequate clearances or air circulation or that has deficiencies in the condition of fins, location, levelness, or elevation above ground surfaces;
(K) deficiencies in mounting and operation of window units; and
(L) deficiencies in thermostats.
(c) Evaporative coolers. The inspector shall:
(1) report:
(A) type of system(s) (one- or two-speed);
(B) the type of water supply line; and
(C) winterized units that are drained and shut down; and
(2) report as Deficient:
(A) inoperative units;
(B) corrosive and mineral build-up or rust damage/decay at the pump, louvered panels, water trays, exterior housing, or the roof frame;
(C) less than a one-inch air gap between the water discharge at the float and water level in the reservoir;
(D) corrosion, decay, or rust on the pulleys of the motor or blower;
(E) the lack of a damper; and
(F) deficiencies in the:
(i) function of the pump;
(ii) interior housing, the spider tubes, tube clips, bleeder system;
(iii) blower and bearings;
(iv) float bracket;
(v) fan belt;
(vi) evaporative pad(s);
(vii) installation and condition of the legs on the roof rails and fasteners to the roof structure and the unit;
(viii) roof jack; and
(ix) thermostats.
(d) Duct system, chases, and vents. The inspector shall report as Deficient:
(1) damaged ducting or insulation, improper material, or improper routing of ducts;
(2) the absence of air flow at accessible supply registers in the habitable areas of the structure;
(3) improper or inadequate clearance from the earth; and
(4) deficiencies in:
(A) duct fans;
(B) filters;
(C) grills or registers;
(D) the location of return air openings; and
(E) gas piping, sewer vents, electrical wiring, or junction boxes in the duct system, plenum(s), and chase(s).
(e) Specific limitations for the heating equipment, cooling equipment, duct system, chases, and vents. The inspector is not required to:
(1) program digital thermostats or controls;
(2) inspect:
(A) for pressure of the system refrigerant, type of refrigerant, or refrigerant leaks;
(B) winterized evaporative coolers; or
(C) 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) operate:
(A) setback features on thermostats or controls;
(B) cooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit;
(C) radiant heaters, steam heat systems, or unvented gas-fired heating appliances; or
(D) heat pumps when temperatures may damage equipment;
(4) verify:
(A) compatibility of components;
(B) the accuracy of thermostats; or
(C) the integrity of the heat exchanger; or
(5) determine:
(A) sizing, efficiency, or adequacy of the system;
(B) uniformity of the supply of conditioned air to the various parts of the structure; or
(C) types of materials contained in insulation.
§535.231.Standards of Practice: Minimum Inspection Requirements for Plumbing Systems.
(a) Plumbing systems. The inspector shall report as Deficient:
(1) the presence of active leaks;
(2) the lack of fixture shut-off valves;
(3) the lack of dielectric unions, when applicable;
(4) the lack of back-flow devices, anti-siphon devices, or air gaps at the flow end of fixtures; and
(5) deficiencies in:
(A) water supply pipes and waste pipes;
(B) the installation and termination of the vent system;
(C) the operation of fixtures and faucets not connected to an appliance;
(D) water supply, as determined by viewing functional flow in two fixtures operated simultaneously;
(E) functional drainage at fixtures;
(F) orientation of hot and cold faucets;
(G) installed mechanical drain stops;
(H) installation, condition, and operation of commodes;
(I) fixtures, showers, tubs, and enclosures; and
(J) the condition of the gas distribution system.
(b) Specific limitations for plumbing systems. The inspector is not required to:
(1) operate any main, branch, or shut-off valves;
(2) operate or inspect sump pumps or waste ejector pumps;
(3) inspect:
(A) any system that has been winterized, shut down or otherwise secured;
(B) circulating 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;
(C) the inaccessible gas supply system for leaks;
(D) for sewer clean-outs; or
(E) for the presence or operation of private sewage disposal systems;
(4) determine:
(A) quality, potability, or volume of the water supply; or
(B) effectiveness of backflow or anti-siphon devices; or
(5) verify the functionality of clothes washing drains or floor drains.
(c) Water heaters. The inspector shall:
(1) report the energy source;
(2) report the capacity of the unit(s);
(3) report as Deficient:
(A) inoperative unit(s);
(B) leaking or corroded fittings or tank(s);
(C) broken or missing parts or controls;
(D) the lack of a cold water shut-off valve;
(E) if applicable, the lack of a pan and drain system and the improper termination of the pan drain line;
(F) an unsafe location;
(G) burners, 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;
(H) inappropriate location;
(I) inadequate clearances;
(J) the lack of protection from physical damage;
(K) a temperature and pressure relief valve that:
(i) does not operate manually;
(ii) leaks;
(iii) is damaged;
(iv) cannot be tested due to obstructions;
(v) is corroded; or
(vi) is improperly located; and
(L) temperature and pressure relief valve discharge piping that:
(i) lacks gravity drainage;
(ii) is improperly sized;
(iii) has inadequate material; or
(iv) lacks proper termination;
(4) in electric units, report as Deficient deficiencies in:
(A) operation of heating elements; and
(B) condition of conductors; and
(5) in gas units, report as Deficient:
(A) gas leaks;
(B) lack of burner shield(s);
(C) flame impingement, uplifting flame, improper flame color, or excessive scale build-up;
(D) the lack of a gas shut-off valve; and
(E) deficiencies in:
(i) combustion and dilution air;
(ii) gas shut-off valve(s) and location(s);
(iii) gas connector materials and connections; and
(iv) vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances.
(d) Specific limitations for water heaters. The inspector is not required to:
(1) verify the effectiveness of the temperature and pressure relief valve, discharge piping, or pan drain pipes;
(2) operate 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
(3) determine the efficiency or adequacy of the unit.
(e) Hydro-massage therapy equipment. The inspector shall report as Deficient:
(1) inoperative unit(s) and controls;
(2) the presence of active leaks;
(3) inaccessible pump(s) or motor(s);
(4) the lack or failure of required ground-fault circuit interrupter protection; and
(5) deficiencies in the ports, valves, grates, and covers.
(f) Specific limitation for hydro-massage therapy equipment. The inspector is not required to determine the adequacy of self-draining features of circulation systems.
§535.232.Standards of Practice: Minimum Inspection Requirements for Appliances.
(a) Dishwasher. The inspector shall report as Deficient:
(1) inoperative unit(s);
(2) rust on the interior of the cabinet or components;
(3) failure to drain properly;
(4) the presence of active water leaks; and
(5) deficiencies in the:
(A) door gasket;
(B) control and control panels;
(C) dish racks;
(D) rollers;
(E) spray arms;
(F) operation of the soap dispenser;
(G) door springs;
(H) dryer element;
(I) door latch and door disconnect;
(J) rinse cap;
(K) secure mounting of the unit; and
(L) backflow prevention.
(b) Food waste disposer. The inspector shall report as Deficient:
(1) inoperative unit(s);
(2) unusual sounds or vibration level;
(3) the presence of active water leaks; and
(4) deficiencies in the:
(A) splash guard;
(B) grinding components;
(C) exterior casing; and
(D) secure mounting of the unit.
(c) Range exhaust vent. The inspector shall report as Deficient:
(1) inoperative unit(s);
(2) a vent pipe that does not terminate outside the structure, if the unit is not of a re-circulating type or configuration;
(3) inadequate vent pipe material;
(4) unusual sounds or vibration levels from the blower fan(s);
(5) blower(s) that do not operate at all speeds; and
(6) deficiencies in the:
(A) filter;
(B) vent pipe;
(C) light and lens;
(D) secure mounting of the unit; and
(E) switches.
(d) Electric or gas ranges, cooktops, and ovens. The inspector shall report as Deficient:
(1) inoperative unit(s);
(2) the lack of a gas shut-off valve;
(3) gas leaks; and
(4) deficiencies in the:
(A) controls and control panels;
(B) thermostat(s) sensor support;
(C) glass panels;
(D) door gasket(s), hinges, springs, closure, and handles;
(E) door latch;
(F) heating elements or burners;
(G) thermostat accuracy (within 25 degrees at a setting of 350 F);
(H) drip pans;
(I) lights and lenses;
(J) clearance to combustible material;
(K) anti-tip device;
(L) gas shut-off valve(s) and location(s);
(M) gas connector materials and connections; and
(N) secure mounting of the unit.
(e) Microwave oven. The inspector shall:
(1) inspect built-in units; and
(2) report as Deficient:
(A) inoperative unit(s); and
(B) deficiencies in the:
(i) controls and control panels;
(ii) handles;
(iii) the turn table;
(iv) interior surfaces;
(v) door and door seal;
(vi) glass panels;
(vii) lights and lenses;
(viii) secure mounting of the unit; and
(ix) operation, as determined by heating a container of water or with other means of testing.
(f) Trash compactor. The inspector shall report as Deficient:
(1) inoperative unit(s);
(2) unusual sounds or vibration levels; and
(3) deficiencies in the secure mounting of the unit.
(g) Mechanical exhaust vents and bathroom heaters. The inspector shall report as Deficient:
(1) inoperative unit(s);
(2) unusual sounds, speed, and vibration levels;
(3) vent pipes that do not terminate outside the structure;
(4) a gas heater that is not vented to the exterior of the structure; and
(5) the lack of an exhaust ventilator in required areas.
(h) Garage door operators. The inspector shall report as Deficient:
(1) inoperative unit(s);
(2) door locks or side ropes that have not been removed or disabled; and
(3) deficiencies in:
(A) installation;
(B) condition and operation of the garage door operator;
(C) automatic reversal during the closing cycle;
(D) electronic sensors;
(E) the control button; and
(F) the emergency release components.
(i) Doorbell and chimes. The inspector shall report as Deficient:
(1) inoperable unit(s); and
(2) deficiencies in components.
(j) Dryer vents. The inspector shall report as Deficient:
(1) improper routing and length of vent pipe;
(2) inadequate vent pipe material;
(3) improper termination;
(4) the lack of a dryer vent system when provisions are present for a dryer; and
(5) damaged or missing exterior cover.
(k) Specific limitations for appliances. The inspector is not required to:
(1) operate or determine the condition of other auxiliary components of inspected items;
(2) test for microwave oven radiation leaks;
(3) inspect self-cleaning functions;
(4) test trash compactor ram pressure; or
(5) determine the adequacy of venting systems.
§535.233.Standards of Practice: Minimum Inspection Requirements for Optional Systems.
If an inspector agrees to inspect a component described in this section, §535.227 of this title (relating to Standards of Practice: General Provisions) and the applicable provisions in paragraphs (1) - (15) of this section apply.
(1) Lawn and garden sprinkler systems. The inspector shall:
(A) manually operate all zones or stations on the system; and
(B) report as Deficient:
(i) surface water leaks;
(ii) the absence or improper installation of anti-siphon devices and backflow preventers;
(iii) the absence of shut-off valves;
(iv) deficiencies in water flow or pressure at the zone heads;
(v) the lack of a rain or freeze sensor;
(vi) deficiencies in the condition of the control box; and
(vii) deficiencies in the operation of each zone, associated valves, and spray head patterns.
(2) Specific limitations for lawn and garden sprinkler systems. The inspector is not required to inspect:
(A) for effective coverage of the sprinkler system;
(B) the automatic function of the timer or control box;
(C) the effectiveness of the rain or freeze sensor; or
(D) sizing and effectiveness of anti-siphon devices or backflow preventers.
(3) Swimming pools, spas, hot tubs, and equipment. The inspector shall:
(A) report the type of construction;
(B) report as Deficient:
(i) a pump motor, blower, or other electrical equipment that lacks bonding;
(ii) the absence of or deficiencies in safety barriers;
(iii) water leaks in above-ground pipes and equipment;
(iv) deficiencies in lighting fixture(s);
(v) the lack or failure of required ground-fault circuit interrupter protection; and
(vi) deficiencies in:
(I) surfaces;
(II) tiles, coping, and decks;
(III) slides, steps, diving boards, handrails, and other equipment;
(IV) drains, skimmers, and valves; and
(V) filters, gauges, pumps, motors, controls, and sweeps; and
(C) when inspecting a pool heater, report deficiencies that these standards of practice require to be reported for the heating system.
(4) Specific limitations for swimming pools, spas, hot tubs, and equipment. The inspector is not required to:
(A) dismantle or otherwise open any components or lines;
(B) operate valves;
(C) uncover or excavate any lines or concealed components of the system or determine the presence of sub-surface leaks;
(D) fill the pool, spa, or hot tub with water;
(E) inspect any system that has been winterized, shut down, or otherwise secured;
(F) determine the presence of sub-surface water tables; or
(G) inspect ancillary equipment such as computer controls, covers, chlorinators or other chemical dispensers, or water ionization devices or conditioners other than required by this section.
(5) Outbuildings. The inspector shall report as Deficient:
(A) the lack of ground-fault circuit interrupter protection in grade-level portions of unfinished accessory buildings used for storage or work areas, boathouses, and boat hoists; and
(B) deficiencies in the structural, electrical, plumbing, heating, ventilation, and cooling systems that these standards of practice require to be reported for the principal structure.
(6) Outdoor cooking equipment. The inspector shall:
(A) inspect the built-in equipment; and
(B) report the energy source; and
(C) report as Deficient:
(i) inoperative unit(s);
(ii) a unit or pedestal that is not stable;
(iii) gas leaks; and
(iv) deficiencies in:
(I) operation;
(II) control knobs, handles, burner bars, grills, the box, the rotisserie (if present), and heat diffusion material;
(III) gas shut-off valve(s) and location(s); and
(IV) gas connector materials and connections.
(7) Gas supply systems. The inspector shall:
(A) test gas lines using a local or an industry-accepted procedure; and
(B) report as Deficient:
(i) leaks; and
(ii) deficiencies in the condition and type of gas piping, fittings, and valves.
(8) Specific limitation for gas lines. The inspector is not required to inspect sacrificial anode bonding or for its existence.
(9) Private water wells. The inspector shall:
(A) operate at least two fixtures simultaneously;
(B) recommend or arrange to have performed water quality or potability testing;
(C) report:
(i) the type of pump and storage equipment; and
(ii) the proximity of any known septic system; and
(D) report as Deficient deficiencies in:
(i) water pressure and flow and operation of pressure switches;
(ii) the condition of visible and accessible equipment and components; and
(iii) the well head, including improper site drainage.
(10) Specific limitations for private water wells. The inspector is not required to:
(A) open, uncover, or remove the pump, heads, screens, lines, or other components or parts of the system;
(B) determine the reliability of the water supply or source; or
(C) locate or verify underground water leaks.
(11) Private sewage disposal (septic) systems. The inspector shall:
(A) report:
(i) the type of system;
(ii) the location of the drain field; and
(iii) the 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) visual or olfactory evidence of effluent seepage or flow at the surface of the ground;
(ii) inoperative aerators or dosing pumps; and
(iii) deficiencies in:
(I) accessible or visible components;
(II) functional flow;
(III) site drainage around or adjacent to the system; and
(IV) the aerobic discharge system.
(12) Specific limitations for individual private sewage disposal (septic) systems. The inspector is not required to:
(A) excavate or uncover the system or its components;
(B) determine the size, adequacy, or efficiency of the system; or
(C) determine the type of construction used.
(13) Whole-house vacuum system. The inspector shall report as Deficient:
(A) inoperative units;
(B) deficiencies in the main unit; and
(C) deficiencies in outlets.
(14) Specific limitations for whole-house vacuum systems. The inspector is not required to:
(A) inspect the attachments or hoses; or
(B) verify that accessory components are present.
(15) Other built-in appliances. The inspector shall report deficiencies in condition or operation of other built-in appliances not listed in this section.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 5, 2008.
TRD-200802354
Devon V. Bijansky
Assistant General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 465-3900
22 TAC §§537.20, 537.28, 537.30 - 537.32, 537.37, 537.39, 537.43 - 537.45
The Texas Real Estate Commission (TREC) proposes amendments to §537.20 concerning Standard Contract Form TREC No. 9-7; §537.28 concerning Standard Contract Form TREC No. 20-8; §537.30 concerning Standard Contract Form TREC No. 23-8; §537.31 concerning Standard Contract Form TREC No. 24-8; §537.32 concerning Standard Contract Form TREC No. 25-6; §537.37 concerning Standard Contract Form TREC No. 30-7; §537.39 concerning Standard Contract Form TREC No. 32-2; §537.43 concerning Standard Contract Form TREC No. 36-5; §537.44 concerning Standard Contract Form TREC No. 37-3; and §537.45 concerning Standard Contract Form TREC No. 38-2. The amendments propose to adopt by reference six revised contract forms and four addenda for use by Texas real estate licensees.
Texas real estate licensees are generally required to use forms promulgated by TREC when negotiating contacts for the sale of real property. These forms are drafted by the Texas Real Estate Broker-Lawyer Committee, an advisory body consisting of six attorneys appointed by the President of the State Bar of Texas, six brokers appointed by TREC, and a public member appointed by the governor.
The amendment to §537.20 proposes to adopt by reference Standard Contract Form TREC No. 9-7, Unimproved Property Contract. The proposed revisions are the same as those proposed for Standard Contract Form TREC No. 20-8 and further described below except for the following: Paragraph 2 is not amended, and a new checkbox is not added to paragraph 22 regarding the Addendum Containing Required Notices Under §5.01, §420.001, and §420.002, Texas Property Code.
The amendment to §537.28 proposes to adopt by reference Standard Contract Form TREC No. 20-8, One to Four Family Residential Contract (Resale). Paragraph 1 is rewritten to define the parties to the contract. New language is added to paragraph 2D to clarify that improvements and accessories retained by Seller must be removed prior to delivery of possession. In paragraph 5, "both" is replaced by "all" as there may be more than two parties to a contract. In paragraph 6D, the sentence that addresses the time for Buyer to object is rewritten for clarity. Paragraph 6E(2) is amended to address issues relating to membership in a "property owners' association" rather than a "mandatory owners' association" to track statutory language in §5.012, Texas Property Code. Also, paragraph 6E(2) is amended to indicate that the residential community the Property is located in is identified in Paragraph 2A to conform to §5.012, Texas Property Code, and the last sentence is bolded for extra emphasis. Paragraph 7D is amended to provide checkboxes to choose whether Buyer accepts property in its present condition or in its present condition with specific repairs enumerated. Under paragraph 9, subparagraphs C and D are moved to paragraph 19, and a new clause, (4), is added to subparagraph B regarding Seller's representations. The text for the new clause is moved from paragraph 19. Under paragraph 12A(1)(b), the reference to the Veterans Housing Assistance Program is changed to a reference to the Texas Veterans Land Board because there are more than one loan programs available from the Veterans Land Board. Paragraph 17 is amended to substitute "Buyer, Seller, Listing Broker, Other Broker or escrow agent who prevails" for "The prevailing party" to clarify that the attorney fee provision applies to all of the named persons and not just the parties to the contract. Paragraph 18D is amended to clarify that damages for wrongfully failing or refusing to sign a release of earnest money include the sum of the earnest money, three times the earnest money, reasonable attorney's fees and all costs of suit. Paragraph 19 is revised to add text that was deleted from subparagraphs 9(C) and (D). Paragraph 22 is revised to add a checkbox for the Addendum Containing Required Notices Under §5.01, §420.001, and §420.002, Texas Property Code, and to revise the title of the Addendum for Property Subject to Membership in a Property Owners' Association. Paragraph 23 is amended to clarify that if the Buyer fails to pay the Option Fee to Seller within the time prescribed, the option paragraph will not be a part of the contract. Currently it is not clear that the Buyer must pay the Option Fee to Seller.
The amendment to §537.30 proposes to adopt by reference Standard Contract Form TREC No. 23-8, New Home Contract (Incomplete Construction). The proposed revisions are the same as those proposed for Standard Contract Form TREC No. 20-8 described above except for the following: The checkbox added to paragraph 22 regarding the Addendum Containing Required Notices Under §5.01, §420.001, and §420.002, Texas Property Code is pre-checked and a parenthetical is included to explain that the addendum must be attached and Paragraphs B and C must be completed.
The amendment to §537.31 proposes to adopt by reference Standard Contract Form TREC No. 24-8, New Home Contract (Completed Construction). The proposed revisions are the same as those proposed for Standard Contract Form TREC No. 20-8 described above except for the following: The checkbox added to paragraph 22 regarding the Addendum Containing Required Notices Under §5.01, §420.001, and §420.002, Texas Property Code is pre-checked and a parenthetical is included to explain that the addendum must be attached and Paragraphs B and C must be completed.
The amendment to §537.32 proposes to adopt by reference Standard Contract Form TREC No. 25-6, Farm and Ranch Contract. The proposed revisions are the same as those proposed for Standard Contract Form TREC No. 20-8 described above.
The amendment to §537.37 proposes to adopt by reference Standard Contract Form TREC No. 30-7, Residential Condominium Contract (Resale). The proposed revisions are the same as those proposed for Standard Contract Form TREC No. 20-8 described above.
The amendment to §537.39 proposes to adopt by reference Standard Contract Form TREC No. 32-2, Condominium Resale Certificate. The proposed revisions are nonsubstantive in nature and conform paragraph N and the signature line of the form with TREC No. 37-3, Subdivision Information, Including Resale Certificate for Property Subject to Membership in a Property Owners' Association.
The amendment to §537.43 proposes to adopt by reference Standard Contract Form TREC No. 36-4, Addendum for Property Subject to Membership in a Property Owners' Association. The title of the form is changed to conform to §5.012, Texas Property Code; the term "property" is substituted for "mandatory" to more accurately reflect the terminology in §5.012, Texas Property Code; and the term "owners" is deleted from paragraph B and the last paragraph.
The amendment to §537.44 proposes to adopt by reference Standard Contract Form TREC No. 37-3, Subdivision Information, Including Resale Certificate for Property Subject to Membership in a Property Owners' Association. The title of the form is changed to conform to §5.012, Texas Property Code; the parenthetical below the title is amended to read "Chapter 207, Texas Property Code"; the term "owners" is deleted from various provisions in the form; another line is added near the end of the form for the name of the person signing the form.
The amendment to §537.45 proposes to adopt by reference Standard Contract Form TREC No. 38-2, Notice of Buyer's Termination of Contract. The termination notice is modified to serve as an all purpose Buyer's notice of termination to be used under various circumstances detailed in the form including but not limited to notifying the Seller that the contract is terminated under paragraph 23; Buyer cannot obtain Financing Approval; Property does not satisfy the lenders' underwriting requirements for the loan; Buyer elects to termination under Paragraph A of the Addendum for Property Subject to Mandatory Membership in an Owners' Association; Buyer elects to termination under paragraph 7B(2) of the contract; or that Buyer is terminating pursuant to a specific paragraph in the contract or addendum to be identified in the form.
Loretta R. DeHay, General Counsel, has determined that for the first five-year period the sections are in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the sections. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the sections.
Ms. DeHay also has determined that for each year of the first five years the sections as proposed are in effect the public benefit anticipated as a result of enforcing the sections will be the availability of current standard contract forms. There is no anticipated economic cost to persons who are required to comply with the proposed sections other than the costs of obtaining copies of the forms, which would be available at no charge through the TREC web site.
Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101 and ensure compliance with Chapter 1101.
The statute affected by this proposal is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the proposed amendments.
§537.20.Standard Contract Form TREC No. 9- 7 [ 6 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 9-7[6] approved by the
Texas Real Estate Commission in 2008 [2006]
for use in the sale of unimproved property where intended use is for
one to four family residences. This document is published by and available
from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas
78711-2188, www.state.tx.us.
§537.28.Standard Contract Form TREC No. 20- 8 [ 7 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 20-8[7] approved by the
Texas Real Estate Commission in 2008 [2006]
for use in the resale of residential real estate. This document is
published by and available from the Texas Real Estate Commission,
P.O. Box 12188, Austin, Texas 78711-2188, www.state.tx.us.
§537.30.Standard Contract Form TREC No. 23- 8 [ 7 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 23-8[7] approved by the
Texas Real Estate Commission in 2008 for use in the sale of a new
home where construction is incomplete. This document is published
by and available from the Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188, www.trec.state.tx.us.
§537.31.Standard Contract Form TREC No. 24- 8 [ 7 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 24-8[] approved by the
Texas Real Estate Commission in 2008 for use in the sale of a new
home where construction is completed. This document is published by
and available from the Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188, www.trec.state.tx.us.
§537.32.Standard Contract Form TREC No. 25- 6 [ 5 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 25-6[5] approved by the
Texas Real Estate Commission in 2008 [2006]
for use in the sale of a farm or ranch. This document is published
by and available from the Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188, www.state.tx.us.
§537.37.Standard Contract Form TREC No. 30- 7 [ 6 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 30-7[6] approved by the
Texas Real Estate Commission in 2008 [2006]
for use in the resale of a residential condominium unit. This document
is published by and available from the Texas Real Estate Commission,
P.O. Box 12188, Austin, Texas 78711-2188, www.state.tx.us.
§537.39.Standard Contract Form TREC No. 32- 2 [ 1 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 32-2[1] approved by the
Texas Real Estate Commission in 2008 [2007]
for use as a condominium resale certificate. This document is published
by and available from the Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188, www.state.tx.us.
§537.43.Standard Contract Form TREC No. 36- 5 [ 4 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 36-5[4] approved by the
Texas Real Estate Commission in 2008 [2006]
for use as an addendum to be added to promulgated forms in the sale
of property subject to mandatory membership in an owners' association.
This document is published by and available from the Texas Real Estate
Commission, P.O. Box 12188, Austin, Texas 78711-2188, www.state.tx.us.
§537.44.Standard Contract Form TREC No. 37- 3 [ 2 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 37-3[2] approved by the
Texas Real Estate Commission in 2008 [2006]
for use as a resale certificate when the property is subject to mandatory
membership in an owners' association. This document is published by
and available from the Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188, www.state.tx.us.
§537.45.Standard Contract Form TREC No. 38- 2 [ 1 ].
The Texas Real Estate Commission adopts by reference standard
contract form TREC No. 38-2[1] approved by the
Texas Real Estate Commission in 2008 [2002]
for use as a notice of termination of contract. This document is published
by and available from the Texas Real Estate Commission, P.O. Box 12188,
Austin, Texas 78711-2188, www.state.tx.us.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 5, 2008.
TRD-200802356
Loretta R. DeHay
Assistant Administrator and General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 465-3900
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Real Estate Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Real Estate Commission (TREC) proposes the repeal of §537.49 concerning standard contract form TREC No. 42-0, in connection with the anticipated adoption of revised contract forms. The form adopted by reference in §537.49 is no longer needed as a result of consolidation of forms.
Section 535.49 concerns a form promulgated for use as a notice that buyer cannot obtain financing pursuant to the Third Party Financing Condition Addendum. A proposed amendment to the Notice of Buyer's Termination of Contract, TREC No. 38-2, otherwise proposed in this issue of the Texas Register, provides the same notice. Therefore, this notice form is no longer needed.
Loretta R. DeHay, General Counsel, has determined that for the first five-year period the repeal is in effect there will be no fiscal implications for the state or for units of local government as a result of enforcing or administering the repeal. There is no anticipated impact on small businesses, micro-businesses or local or state employment as a result of implementing the repeal.
Ms. DeHay also has determined that for each year of the first five years the repeal as proposed is in effect the public benefit anticipated as a result of enforcing the repeal will be the availability of current standard contract forms. There is no anticipated economic cost to persons who are required to comply with the proposed repeal other than the costs of obtaining copies of the forms, which would be available at no charge through the TREC web site.
Comments on the proposal may be submitted to Loretta R. DeHay, General Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The repeal is proposed under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapter 1101; and to establish standards of conduct and ethics for its licensees to fulfill the purposes of Chapter 1101 and ensure compliance with Chapter 1101.
The statute affected by this proposal is Texas Occupations Code, Chapter 1101. No other statute, code or article is affected by the proposed amendments.
§537.49.Standard Contract form TREC No. 42-0.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on May 5, 2008.
TRD-200802355
Loretta R. DeHay
Assistant Administrator and General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 15, 2008
For further information, please call: (512) 465-3900