Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS Part VI. State Board of Registration for Professional Engineers Chapter 131. Practice and Procedure References 22 TAC sec.131.71 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.71, concerning reference statements, with changes to the proposed text as published in the July 10, 1992, issue of the Texas Register (17 TexReg 4924). The section was amended to clarify the procedures for completing and submitting reference statements which are required as part of the application for registration. Subsection (a) as adopted specifies that three reference statements must be from professional engineers and clarifies the envelope sealing requirements the reference writer must follow be the statement is returned to the applicant. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.71. Reference Statements. (a) The applicant, as a part of the application for registration, shall send a copy of the board's reference statement form and a copy of the portion of the applicant's supplementary experience record (SER) that the reference is to verify to a minimum of five references of which three must be professional engineers. The reference writer should complete the reference statement, sign the copy of the SER signifying agreement with the information written by the applicant, and place the completed reference statement and signed SER in an envelope. After sealing the envelope, the reference writer's signature and professional engineer's number, if applicable, shall be placed across the sealed flap of the envelope and covered with transparent tape. The reference writer shall return the sealed envelope to the applicant. The applicant must enclose all of the sealed reference envelopes with his application when he submits it to the office of the board. An application received without the required references, or with envelopes that have evidence of tampering, shall be considered an incomplete application and returned to the applicant. At least one reference statement should be provided concerning the work done for each employer. References need not be provided for experience gained 15 or more years prior to the date of the application unless specifically requested by the board. The reference should have personal knowledge of the applicant's work for which he is providing a reference statement. Accurate statements of fact from responsible sources concerning the applicant's technical abilities and performance are necessary as are frank and candid appraisals of his character, reputation, and suitability for professional registration. (b)-(c) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210885 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: August 31, 1992 Proposal publication date: July 10, 1992 For further information, please call: (512) 440-7723 Education 22 TAC sec.131.91 The Texas State Board of Registration for Professional Engineers adopts an amendment to sec.131.91, concerning education, with changes to the proposed text as published in the July 10, 1992, issue of the Texas Register (17 TexReg 4924). The section was amended to incorporate and clarify the new engineering educational requirements for registration as set out in the Texas Engineering Practice Act, sec.12(a)(1) and (2), which become effective September 1, 1992. Subsections (b) and (d) are adopted with slight modifications to the proposal. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 3271a, sec.8(a), which provide the board with the authority to make and enforce all rules and regulations necessary for the performance of its duties. sec.131.91. Educational Requirements for Registration. (a) An approved curriculum in engineering as used in the Texas Engineering Practice Act (the Act), sec.12(a)(1), is construed by the board as follows: (1)-(2) (No change.) (3) a bachelor's degree in one of the mathematical, physical, or engineering sciences and in addition thereto, a master's degree in engineering or a doctor's degree in engineering, or both, provided: (A) (No change.) (B) the combination of the bachelor's degree and the master's degree or doctor's degree, or both, is acceptable to the board as equivalent in EAC/ABET- approved curricula content to an approved bachelor of engineering degree. (b) A curriculum in engineering or related science as used in the Act, sec.12(a)(2), is construed by the board to be a bachelor of science degree in an engineering or related science program. These programs will include the following: (1) an engineering technology curriculum that is accredited by the Technology Accreditation Commission (TAC) of the Accreditation Board for Engineering and Technology, Inc. (ABET), referred to as TAC/ABET; (2) bachelor degree programs in engineering, other than a curriculum approved by the board in subsection (a) of this section, or in the mathematical, physical, or engineering science field approved by the board. Such degree programs must include, as a minimum, the courses listed in subparagraphs (A) and (B) of this paragraph or these courses must be taken in addition to the bachelor program: (A) 12 semester hours (18 quarter hours) of mathematics beyond trigonometry including differential and integral calculus and differential equations; and (B) 20 semester hours (30 quarter hours) of engineering sciences which must include mechanics; thermodynamics; electrical and electronic circuits; and others selected from material sciences, transport phenomena, computer science and comparable subjects depending on the discipline or branch of engineering. Course work must incorporate hands-on laboratory work as described in the EAC/ABET criteria. Basic science courses to meet the prerequisites for these courses must be taken in addition to the 20 semester hours. (c) A list of recognized degrees for subsections (a) and (b) of this section is available in the board office. (d) Applicants with foreign degrees must apply under the provisions of the Act, sec.12(a)(2), unless such applicant meets the requirements of subsection (a) of this section. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210886 Charles E. Nemir, P.E. Executive Director Texas State Board of Registration for Professional Engineers Effective date: September 1, 1992 Proposal publication date: July 10, 1992 For further information, please call: (512) 440-7723 Part XII. Board of Vocational Nurse Examiners Chapter 237. Continuing Education 22 TAC sec.237.19, sec.237.22 The Board of Vocational Nurse Examiners adopts amendments to sec.237.19 and sec.237.22, concerning continuing education, without changes to the proposed text as published in the June 26, 1992, issue of the Texas Register (17 TexReg 4596). Section 237.19 includes and addresses the category of emeritus licensees. Section 237.22 was amended because technically, by the previous rule, no delinquent or inactive licensee irrespective of period of delinquency could be relicensed without first complying with the continuing education requirements. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210924 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 835-2071 Chapter 239. Contested Case Procedure Definitions 22 TAC sec.239.1 The Board of Vocational Nurse Examiners adopts an amendment to sec.239.1, concerning definitions, without changes to the proposed text as published in the June 26, 1992, issue of the Texas Register (17 TexReg 4596). The amendment allows the definitions to include Administrative Law Judge (ALJ). Definition of Administrative Law Judge is necessary due to its use in rules in this section. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210925 Marjorie A. Bronk Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 835-2071 Hearings Process 22 TAC sec.sec.239.25, 239.26, 239.27, 239.28, 239.29 The Board of Vocational Nurse Examiners adopts the repeal of sec.sec.239.25, 239.26, 239.27, 239.28, and 239.29, concerning hearings process, without changes to the proposed text as published in the June 26, 1992, issue of the Texas Register (17 TexReg 4597). The rules are being repealed in order to adopt new rules and to renumber these rules. This allows for consecutive numbering of rules and allows for adoption of rules relative to administrative cases before an administrative law judge. No comments were received regarding adoption of the repeals. The repeals are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210926 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 835-2071 22 TAC sec.sec.239.25, 239.26, 239.27, 239.28, 239.29, 239.30, 239.31, 239.32 The Board of Vocational Nurse Examiners adopts new sec. sec.239.25, 239.26, 239.27, 239.28, 239.29, 239.30, 239.31, and 239.32, concerning the hearings process, without changes to the proposed text as published in the June 26, 1992, issue of the Texas Register (17 TexReg 4597). The new rules were adopted to include information relative to the use of Administrative Law Judges and the procedures to be followed. The new rules provide information relative to contested cases heard by an Administrative Law Judge and explains filing of exceptions and briefs to proposals for decision. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210927 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 835-2071 Informal Disposition 22 TAC sec.239.31, sec.239.32 The Board of Vocational Nurse Examiners adopts the repeal of sec.239.31 and sec.239.32, concerning informal dispositions, without changes to the proposed text as published in the June 26, 1992, issue of the Texas Register (17 TexReg 4598). These rules are being repealed in order to renumber them and to allow for adoption of new rules. Consecutive numbering of the rules allows for quicker referral of rule numbers. The repeals are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210928 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 835-2071 Reinstatement Process 22 TAC sec.sec.239.41-239.45 The Board of Vocational Nurse Examiners adopts the repeal of sec.sec.239. 41- 239.45, concerning reinstatement process, without changes to the proposed text as published in the June 26, 1992, issue of the Texas Register (17 TexReg 4598). These rules are repealed in order to adopt new rules and allow for renumbering of these rules. No comments were received regarding adoption of the repeals. The repeal of these rules is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210930 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 835-2071 Informal Dispositions 22 TAC sec.239.41, sec.239.42 The Board of Vocational Nurse Examiners adopts new sec.239.41 and sec.239. 42, concerning informal dispositions, without changes to the proposed text as published in the June 26, 1992, issue of the Texas Register (17 TexReg 4599). The new rules are proposed to allow for renumbering of sec.239.31 and sec.239. 32 that are being repealed in order to expand the subchapter relative to hearing process. Adoption of these rules allows for consecutive numbering of the rules. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210929 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 835-2071 Reinstatement Process 22 TAC sec.sec.239.51-239.55 The Board of Vocational Nurse Examiners adopt new sec. sec.239.51-239.55, concerning reinstatement process, without changes to the proposed text as published in the June 26, 1992, issue of the Texas Register (17 TexReg 4598). The rules are adopted to replacesec.sec.239.41, 239.42, 239.43, 239.44, and 239.45 which were repealed in order to allow for renumbering of rules in this section while adding new rules to another section of this chapter. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, ARticle 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to govern its procedures and to carry in effect the purposes of the law. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210931 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1992 Proposal publication date: June 26, 1992 For further information, please call: (512) 835-2071 Part XXII. Texas State Board of Public Accountancy Chapter 501. Professional Conduct Client Records 22 TAC sec.501.32 The Texas State Board of Public Accountancy adopts an amendment to sec.501. 32, concerning records, without changes to the proposed text as published in the May 15, 1992, issue of the Texas Register (17 TexReg 3539). The amendment is necessary in order to ensure that the ownership of different types of records is clearly defined. The amendment will set forth the types of records that are the property of the CPA and the records that are the property of the client. One individual submitted comments suggesting that the rule be expanded to include a specific definition of "books and records that are not otherwise available to the client." The board believes that the rule is clear as written and that a more specific definition is not necessary. The amendment is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to records used in the performance of public accounting. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210949 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: September 1, 1992 Proposal publication date: May 15, 1992 For further information, please call: (512) 450-7066 22 TAC sec.501.33 The Texas State Board of Public Accountancy adopts new sec.501.33, concerning working papers, without changes to the proposed text as published in the May 15, 1992, issue of the Texas Register (17 TexReg 3539). The rule is necessary in order to clarify which records and papers belong to the client and which records belong to the CPA. The rule defines working papers. No comments were received regarding adoption of the new section. The new section is adopted under Texas Civil Statutes, Article 41a-1, sec.6(a), which provide the Texas State Board of Public Accountancy with the authority to promulgate rules relating to records used in the performance of public accountancy. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 10, 1992. TRD-9210948 William Treacy Executive Director Texas State Board of Public Accountancy Effective date: September 1, 1992 Proposal publication date: May 15, 1992 For further information, please call: (512) 450-7066 Part XXIII. Texas Real Estate Commission Chapter 535. Provisions of the Real Estate License Act Fees 22 TAC sec.535.101 The Texas Real Estate Commission adopts an amendment to sec.535.101, concerning fees, without changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3959). The amendment restates the existing fees charged by the commission and increases the fees for filing an original application for a real estate broker license, for taking a license examination, and for requesting a new license due to a change of sponsoring broker or address. The amendment is necessary to ensure that the commission will have sufficient operating funds to meet its obligations. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 7, 1992. TRD-9210887 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: August 31, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 465-3900 Licensed Real Estate Inspectors 22 TAC sec.535.222 The Texas Real Estate Commission adopts new sec.535.222, concerning standards of practice for real estate inspectors, with changes to the proposed text as published in the June 2, 1992, issue of the Texas Register (17 TexReg 3959). The new section establishes minimum standards of practice for licensed or registered real estate inspectors. Guidelines are provided for inspection of the structural, mechanical, and electrical systems of an improvement to real property. The new section also contains definitions of key terms, provisions clarifying the scope of an inspection, a departure provision, and a provision authorizing desciplinary action for failure to comply with the section. Adoption of the new section is necessary to establish minimum inspection standards for the protection of the public. Comments in favor of the new section were received from the San Antonio Real Estate Inspectors Association and the Texas Association of Real Estate Inspectors. The Texas Association of Realtors neither supported nor opposed adoption of the new section but suggested that the departure provision be modified to require notification of an exclusion to be given by the inspector at the time a request for inspection is received. The commission did not make the suggested change because exclusion for some items, such as those inaccessible to the inspector on the day of the inspection, will not be known at the time the request for the inspection is received. The Paris Board of Realtors opposed the requirement for an inspector to operate the pressure relief valve on hot water heaters, because operation may damage the valve. The commission deemed operation of the valve to be a critical part of the inspection and did not eliminate the requirement. A commenter suggested that the inspector's report should indicate if an inspected item is not functioning or in need of repair so as to address the client's expectation that non-functioning items will be identified in the inspection. This change was also recommended by the Texas Real Estate Inspector Committee. The commission concurred and made the suggested change. A number of other changes in the proposed section were made by the commission upon the recommendation of the Texas Real Estate Inspector Committee. References to ready accessibility were deleted because accessibility is specifically addressed in the section. The departure provision in subsection (c) was rewritten to clarify that exclusion and disclosure obligations apply only to items an inspector is required to inspect. Subsection (h) was modified to make subsections (b) and (c) applicable if an inspector agreed to inspect an optional item such as a private sewage system. Provisions in subsections (e)-(g) that related to the scope of the inspection were deleted to avoid possible conflict with subsection (b). Minor changes also were made for clarification or to eliminate ambiguity. Several commenters suggested that the inspection required for structural systems was not as detailed as that required for household appliances. One commenter recommended that the requirement to render an opinion on the performance of the foundation be deleted because it called for an inspector to act as an engineer. The commission determined that the provisions relating to structural systems were sufficiently detailed and that an inspector should be required to express an opinion on the foundation, although the departure provisions of subsection (c) may require an exclusion if the inspector is not individually qualified or competent to inspect the system. Several commenters suggested that the inspector should be required to determine the service capacity of the electrical system. The commission determined that a visual inspection of accessible components would not necessarily reveal the service capacity and declined to make the requested change. One commenter urged the deletion of septic tanks and security systems from the section as beyond the usual items inspected. Since the section treats septic tanks and security systems as optional, the commission did not agree with the commenter and did not make the requested change. The new section is adopted under Texas Civil Statutes, Article 6573a, sec.5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties. sec.535.222. Standards of Practice. (a) Definition of terms. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act-The Real Estate License Act, Texas Civil Statutes, Article 6573a. (2) Determine-To come to a decision or resolve concerning the condition, function, operation of an item, part, component, system, or equipment. (3) Functioning-Performing in an expected or required manner; carrying out the design purpose or intended operation of a part, system, component, or member. (4) Identify-To determine or establish as a particular item, condition, or thing. (5) Inaccessible-Not having access without the use of special tools, equipment, or instruments, or removing doors, walls, stored items or similar obstructions, or by causing damage to a structure, finish or component, equipment or system, or by virtue of inadequate clearance, walkways, passageways, or hazardous condition. (6) In need of repair-Does not adequately function or perform. (7) Inspect-To look at or examine those items, parts, systems, or components which are accessible or can reasonably be seen, heard, or operated by the inspector without, except as required by this section, laboratory, scientific, or engineering evaluation or testing, or destructive tests, dismantling or removal of parts, members, or components. (8) Inspector-A person licensed as a real estate inspector, a person registered as an apprentice real estate inspector, or a person licensed as a real estate inspector-in-training. (9) Observe-To take note of by means of sight, sound, smell, or touch. (10) Performance-The act of carrying out, completing, executing, or achievement of an operation, design, or function in a manner consistent with the intent of the manufacturer, designer, or accepted industry practice. (11) Report-A written or oral opinion of the results of observations, determinations, or findings. (b) Scope. The standards of inspection practice established by this section are the minimum levels of inspection performance required of real estate inspectors for the accessible parts, components, and systems typically found in improvements to real property, excluding outbuildings and fences. The inspection is of conditions which are present and visible at the time of the inspection. All mechanical and electrical equipment, systems, and appliances are operated in normal modes and operating range at the time of the inspection. The inspector shall observe, render an opinion, and report which of the parts, components, and systems present in the property and required for inspection by subsections (e)- (g) of this section have or have not been inspected and if the parts, components, and systems are not functioning at the time of inspection or are in need of repair and report on visible existing or recognized hazards. The inspector may provide a higher level of inspection performance than required by this section and may inspect parts, components, and systems in addition to those described in this section. In the event of a conflict between a specific provision and a general provision, the specific provision shall control. These standards do not apply to the following: (1) parts, components, or systems other than those specifically described in this section; (2) conditions other than those specifically described in this section, such as environmental conditions, presence of toxic or hazardous wastes or substances, presence of termites or other wood-destroying insects or organisms or compliance with codes, ordinances, statutes, or restrictions or the efficiency, quality, or durability of any item inspected; and (3) any part, component, or system the inspector has excluded from inspection in accordance with the departure provision contained in this section. (c) Departure provision. An inspector shall exclude from the inspection any part, component, or system which the inspector is not competent or qualified to inspect. An inspector may exclude any part, component or system required for inspection by subsections (e)-(g) of this section which is inaccessible, which cannot be inspected due to circumstances beyond the control of the inspector, or which the client has agreed should not be inspected. This provision is not intended to prohibit an inspector from specializing or limiting himself to a given specialty nor to require the inspector to specifically exclude other parts, components, or systems not ordinarily considered a part of his specialty; however, the inspector shall comply with these standards of practice for the items being inspected or notify the client as required by this provision. If an inspector excludes any part, component, or system described in subsections (e)- (g) of this section, other than one which the client has agreed should not be inspected, the inspector shall: (1) advise the client at the earliest practicable time that the specific part, component, or system will not be included in the inspection; and (2) confirm in any written inspection report given to the client that the specifically listed part, component, or system has not been inspected. (d) Enforcement. Failure to comply with this section is a ground for disciplinary action as prescribed by the Act, sec.23(1)(7) and sec.535.224 of this title (relating to Proceedings before the Committee). (e) Structural systems. (1) Scope. (2) Components for inspection. (A) Foundations. (i) Inspection guidelines. The inspector shall do the following: (I) identify the type of foundation (for example, slab-on-grade or pier and beam); (II) inspect the foundation, related structural components, and/or slab surfaces; (III) inspect the crawl space area to determine the general condition of foundation components and report the method used to observe the crawl space when an area is not entered or when access or visibility is limited; (IV) render an opinion as to the performance of the foundation; (V) observe for the presence of crawl space ventilation; (VI) observe the conditions or symptoms that may indicate the possibility of water penetration, such as improper grading around foundation walls or plumbing leaks; and (VII) observe the site for conditions which may be adversely affecting foundation performance, such as erosion or water ponding. (ii) Specific limitations. The inspector is not required to do the following: (I) enter a crawl space or any areas where headroom is less than two feet, or where the inspector reasonably determines conditions or materials are hazardous to health or safety of the inspector; (II) remove stored items or debris to gain access to crawl space areas; or (III) move house furnishings, including carpeting, personal belongings, or other materials that may limit visual observation of structurally related components. (B) Interior walls, doors, ceilings, and floors. (i) Inspection guidelines. The inspector shall do the following: (I) observe the condition of the surfaces of walls, ceilings, and floors as related to structural performance and water penetration; (II) inspect accessible doors for proper operation; and (III) inspect condition of steps, stairways, balconies, and railings. (ii) Specific limitations. The inspector is not required to do the following: (I) determine the condition of floor, wall, or ceiling coverings except as they affect structural performance or water penetration; (II) identify obvious damage to floor, wall, or ceiling coverings; or (III) determine the condition of paints, stains, and other surface coatings; or (IV) determine condition of cabinets. (C) Exterior walls and doors. (i) Inspection guidelines. The inspector shall do the following: (I) observe deficiencies of exterior walls related to structural performance and water penetration; and (II) observe and report on condition and operation of exterior doors and garage doors. (ii) Specific limitations. The inspector is not required to do the following: (I) report the condition or presence of storm windows or doors, awnings, shutters, locks, latches, or other security devices or systems; (II) determine the condition of paints, stains, or other surface coatings; or (III) determine the presence of, or extent or type of, insulation or vapor barriers in exterior walls. (D) Fireplace and chimney. (i) Inspection guidelines. The inspector shall do the following: (I) inspect the chimney structure; (II) inspect the interior of the firebox and the visible flue area; (III) inspect the operation of the damper; (IV) observe for presence of non-combustible hearth extension; (V) observe the condition of lintel, hearth, and material surrounding the fireplace; (VI) observe attic penetration of chimney flue, where accessible, for proper firestopping; (VII) inspect gas log lighter valves for proper function and for gas leaks; (VIII) inspect operation of circulating fan, if present; and (IX) observe for proper installation of combustion air vent, if present. (ii) Specific limitations. The inspector is not required to do the following: (I) remove logs, ashes, fixed screens, hardware, or other attachments to gain access to the fireplace; (II) inspect screens or glass doors; (III) determine the adequacy of the draft or perform a chimney smoke test; (IV) determine the clearance of any components of the fireplace from combustibles in concealed areas or adequacy of installation in areas concealed or inaccessible; (V) observe the top of the chimney coping, chimney caps, or spark arrestors, except from ground level; (VI) ignite the gas log lighter or decorative gas logs; or (VII) inspect wood-burning stoves or fireplace inserts. (E) Roof, roof structure, and attic. (i) Inspection guidelines. The inspector shall do the following: (I) identify the type of roof covering and inspect its condition; (II) inspect the general condition of flashing, skylights, and other roof penetrations; (III) observe for presence of attic space ventilation; (IV) inspect condition of roof structure and sheathing (including evidence of moisture penetration) where accessible; (V) report when attic observations are made from attic access opening only; and (VI) report the method used to inspect roofing if the inspection is performed from other than roof level. (ii) Specific limitations. The inspector is not required to do the following: (I) walk on or access a roof when the inspector reasonably determines that conditions are unsafe or when damage to the roof or materials may result; (II) remove snow, ice, debris, or other materials which prohibit visual inspection of roof surfaces; (III) inspect or determine the condition or adequacy of antennae, lightning rods, or similar attachments; (IV) enter attic spaces which are not accessible, including those where headroom is less than five feet, or where physical damage to framework, ceilings, or insulation could result; (V) enter spaces which present a hazard to the inspector, as reasonably determined by the inspector; (VI) determine the remaining life expectancy of the roof covering or determine the suitability of roofing materials or applications; or (VII) determine the adequacy of roofing fastening systems, such as nail lengths, spacing, and type. (F) Window and door glazing. (i) Inspection guidelines. The inspector shall do the following: (I) inspect the condition of windows and exterior doors to determine whether glazing is present and undamaged; (II) inspect insulated glass windows for fogging or other evidence of broken seals; (III) observe the presence and condition of window and door screens; (IV) inspect burglar bars for functional egress in appropriate areas; and (V) operate windows when at burglar bar locations of sleeping rooms or egress areas and a random sampling of others which are accessible. (ii) Specific limitations. The inspector is not required to check for the presence of safety glass. (G) Porches and decks. (i) Inspection guidelines. The inspector shall inspect porches, decks, steps, balconies, and carports for structural performance as to visible footings, joists, deckings, railings, applicable. (ii) Limitations. The inspector is not required to inspect detached structures or waterfront structures and equipment, such as docks or piers. (H) Insulation. (i) Inspection guidelines. The inspector shall observe the presence and approximate depth of insulation where visible. (ii) Specific limitations. The inspector is not required to determine the U- factor of insulation in walls or ceilings. (I) Gutters and downspouts. (i) Inspection guidelines. The inspector shall observe the general condition of installed gutter and downspout systems. (ii) Specific limitations. The inspector is not required to inspect internal gutters, downspouts, or drainage piping. (f) Mechanical systems. (1) Scope. (2) Components for inspection. (A) Inspection guidelines for appliances. (i) Dishwasher. The inspector shall do the following: (I) inspect the condition of the door gasket, control knobs, and interior parts, including the dish tray, rollers, spray arms, and the soap dispenser; (II) observe the interior for signs of rust; (III) inspect the door spring operation; (IV) observe the discharge hose or piping for condition and proper routing; (V) inspect the unit for secure mounting; (VI) observe for presence of water leaks; (VII) operate the unit in normal mode with the soap door closed; and (VIII) inspect for proper operation, noting that the spray arms turn, the soap door opens, and the drying element operates. (ii) Food waste disposer. The inspector shall do the following: (I) inspect the condition of the splash guard, grinding components, and exterior; (II) inspect the unit for secure mounting; and (III) operate the unit, observing noise and vibration level and signs of water leaks. (iii) Range exhaust vent. The inspector shall do the following: (I) inspect the condition of the filter, vent pipe, and switches; (II) operate the blower, observing sound, speed, and vibration level; (III) inspect operation of the light and switches; and (IV) observe the termination of the vent pipe to outside the structure when not of recirculating type or configuration. (iv) Electric range. The inspector shall do the following: (I) inspect for broken or missing knobs, elements, drip pans, or other parts; and (II) inspect for operation of the signal lights and elements at low and high settings. (v) Gas range. The inspector shall do the following: (I) inspect for broken or missing knobs, burners, or other parts; (II) inspect the burners for proper lighting and operation at low and high settings; (III) inspect for proper materials used for the gas branch line and the connection to the appliance; and (IV) inspect for presence and location of gas shut-off valve and for leaks at the valve. (vi) Electric oven. The inspector shall do the following: (I) inspect for broken or missing knobs, handles, glass panels, lights or light covers, or other parts; (II) inspect the door for seal condition, tightness of closure, and operation of the latch; (III) inspect the oven for secure mounting; (IV) inspect the heating elements and thermostat sensing element for proper support; (V) observe the operation of the heating elements; (VI) inspect the operation of the clock and timer, thermostat, and door springs; and (VII) observe the accuracy of the thermostat with a thermometer for a 25 degree range plus or minus of a 350-degree setting. (vii) Gas oven. The inspector shall do the following: (I) inspect for broken or missing knobs, handles, glass panels, lights or light covers, or other parts; (II) inspect the door for seal condition, tightness of closure, and operation of the latch; (III) inspect the oven for secure mounting; (IV) observe the lighting operation and condition of the flame; (V) inspect for proper materials for the gas branch line and the connection to the appliance; (VI) inspect for presence and location of gas shut-off valve and for leaks at the valve; (VII) observe the accuracy of the thermostat with a thermometer for a 25 degree range plus or minus of a 350-degree setting; and (VIII) inspect the operation of the clock and timer, thermostat, and door springs. (viii) Microwave oven. The inspector shall do the following: (I) inspect for broken or missing knobs, handles, glass panels, or other parts; (II) inspect the condition of the door and seal; (III) observe the oven operation by heating a container of water or with other test equipment, as reasonably determined by the inspector; and (IV) observe the operation of the light. (ix) Trash compactor. The inspector shall do the following: (I) inspect the overall condition of the unit; (II) operate the unit, observing noise and vibration level; and (III) check the unit for secure mounting in place. (x) Other installed kitchen appliances. The inspector shall inspect overall condition, operate the appliance as practicable, or note otherwise in his report. (xi) Bathroom exhaust vents and electric heaters. The inspector shall operate the unit, observing sound, speed, and vibration level. (xii) Whole house vacuum system. The inspector shall do the following: (I) inspect the condition of the main unit; (II) operate the unit if possible; and (III) inspect the system from all accessible outlets throughout the house. (xiii) Gas water heater. The inspector shall do the following: (I) inspect the tank and fittings for leaks and corrosion; (II) observe temperature and pressure relief valve piping for proper routing, size, material, and termination; (III) operate the temperature and pressure relief valve when of an operable type and operation will not cause damage to persons or property as reasonably determined by the inspector; (IV) inspect for broken or missing parts, covers, or controls; (V) inspect for adequate support; (VI) observe the condition of burner, flame, and burner compartment; (VII) inspect for proper materials used for the gas branch line and the connection to the appliance; (VIII) inspect for presence and location of gas shut-off valve and for leaks at the valve. (IX) inspect the type of vent pipe and its condition, draft, proximity to combustibles, and termination point; (X) observe for adequate combustion and draft air; (XI) observe for presence of safety pan and drain when applicable; (XII) observe for proper location and installation; and (XIII) inspect garage units for the following: (-a-) protection for physical damage to the unit; and (-b-) minimum clearance of 18 inches above the garage floor. (xiv) Electric water heater. The inspector shall do the following: (I) inspect the tank and fittings for leaks and corrosion; (II) observe the temperature and pressure relief piping for proper routing, size, material, and termination; (III) operate temperature and pressure relief valve, when of an operable type and operation will not cause damage to persons or property, as reasonably determined by the inspector; (IV) inspect for presence of safety pan and drain when applicable; and (V) inspect for the operation of heating elements and proper wiring. (xv) Doorbell. The inspector shall do the following: (I) inspect the condition and operation of the unit; and (II) inspect for proper installation of all visible and accessible parts. (xvi) Attic power vents. The inspector shall do the following: (I) inspect the operation of the thermostat control, if so equipped and accessible; and (II) observe the sound, speed, and vibration level. (xvii) Garage door operator. The inspector shall do the following: (I) inspect the condition and operation of the garage door operator; (II) operate the door manually or by an installed automatic door control; and (III) test whether the door automatically reverses during closing cycle. (xviii) Hydrotherapy or whirlpool equipment. The inspector shall do the following: (I) inspect for proper operation; (II) operate the equipment using normal controls; (III) inspect for the presence and proper operation of ground fault circuit interrupter; (IV) inspect for proper location and operation of the switches and air intake valves; (V) observe under the tub for evidence of leaks if the access cover is available and accessible; and (VI) inspect the movement of the discharge ports. (B) Specific limitations for appliances. The inspector is not required to do the following: (i) inspect or operate compactors or other devices which require use of special keys, codes, or combinations to operate, when not available; (ii) operate or determine the condition of other auxiliary components of inspected items; (iii) inspect self-cleaning functions; (iv) remove an insulation blanket to gain access to water heater components; (v) operate remote controls for garage door operators; (vi) operate equipment beyond its normal operating range; or (vii) operate programmable features or devices, or equipment or appliance hoses, attachments, or other accessories. (C) Inspection guidelines for cooling systems. (i) Cooling systems other than evaporative coolers. The inspector shall do the following: (I) identify the type of system and energy sources; (II) operate the system using normal control devices; (III) inspect for proper performance, such as by observing the temperature difference between the supply air and the return air; (IV) observe for the presence and proper installation of the condensate drain line and secondary drain line when applicable; (V) observe for the presence of insulation on refrigerant pipes and the primary condensate drain pipe; and (VI) inspect for the clearance of circulating air around the condensing unit and for proper installation of the unit. (ii) Evaporative coolers. The inspector shall do the following: (I) operate the motor and identify as one or two speed; (II) observe the electrical pigtail connection at the motor; (III) inspect the power source in the unit; (IV) inspect the function of the pump and the condition of spider tubes, tube clips, and bleeder system; (V) observe the water supply line and the condition of the float bracket; (VI) inspect to determine that there is a minimum of a one-inch air gap between water discharge at float and water level; (VII) inspect the fan (blower) and squirrel cage for condition and rust build- up or deterioration or corrosion; (VIII) observe the condition of the fan belt and pulleys; (IX) observe on the condition of the housing side panels, the water trays, the exterior housing, and the roof frame; (X) observe and report on the condition of the roof jack or other mounting point and the location of the damper at the unit; and (XI) observe the interior registers and the supply duct. (D) Specific limitations for cooling systems. The inspector is not required to do the following: (i) operate a cooling system when the outdoor temperature is less than 60 degrees Fahrenheit; (ii) determine the proper operation of condensate systems; (iii) inspect gas-fired refrigeration systems; (iv) inspect for the pressure of the system coolant or determine the presence of leaks; (v) determine the efficiency of a system; (vi) inspect any equipment which is not in a accessible area or dismantle any equipment, controls, or gauges; (vii) determine the electrical current draw of the system; (viii) program digital-type thermostats or controls; (ix) operate set back features on thermostats or controls; or (x) inspect interior components of an evaporative cooler when the unit has been drained or shut down. (E) Inspection guidelines for heating systems. The inspector shall do the following: (i) identify the type of heating system and its energy sources; (ii) operate the system using normal control devices; (iii) inspect the condition of the controls and of the accessible operating components of the system; (iv) observe in gas units the burner, the condition of the burner compartment; the type, condition, draft, and termination of the vent pipe and proximity to combustibles; the availability of combustion and draft air and the presence of forced air in the burner compartment; (v) inspect in gas units for flame impingement, uplifting flame, improper flame color, and excessive scale buildup; (vi) inspect in gas units for proper materials used for the gas branch line and the connection to the appliance; (vii) inspect in gas units for presence and location of gas shut-off valve and for leaks at the valve; and (viii) determine the operability of the elements in electric furnaces. (F) Specific limitations for heating systems. The inspector is not required to do the following: (i) activate or operate heating systems which have been shut down or which do not respond to normal control devices; (ii) determine fully the performance of heat exchangers; (iii) inspect any equipment unless the equipment is located in a accessible area; (iv) dismantle any equipment, controls, or gauges; (v) inspect accessories such as humidifiers, air purifiers, motorized dampers, heat reclaimers, electronic air filters, or wood-burning stoves; (vi) determine the efficiency or adequacy of a system; (vii) inspect solar heating systems; (viii) activate heating or heat pump systems if ambient temperatures or other circumstances are, in the reasonable opinion of the inspector, not conducive to safe operation without damage to the equipment; (ix) program digital-type thermostats or controls; or (x) operate radiant heaters, steam heat systems, or unvented gas-fired heating appliances. (G) Inspection guidelines for ducts, vents, and flues. The inspector shall do the following: (i) observe the condition and the routing of ducts where visible and accessible; (ii) inspect for air flow at all accessible supply registers in the habitable areas of the structure; (iii) inspect accessible duct fans and filters; (iv) inspect for improper installation, such as gas piping, sewer vents, or junction boxes in the plenum or improper sealing; (v) inspect condition of flue system components; (vi) inspect flue and vent pipes for proper termination; and (vii) inspect for proper materials used for the venting systems. (H) Specific limitations for ducts, vents, and flues. The inspector is not required to do the following: (i) determine the efficiency, adequacy, or capacity of the systems; (ii) determine the uniformity of the supply of conditioned air to the various parts of the structure; (iii) determine the types of materials contained in insulation, wrapping of pipes, ducts, jackets, boilers, and wiring; (iv) operate venting systems unless ambient temperatures or other circumstances, in the reasonable opinion of the inspector, are conducive to safe operation without damage to the equipment; or (v) operate a unit outside its normal operating range as reasonably determined by the inspector. (I) Inspection guidelines for plumbing systems. The inspector shall do the following: (i) inspect for the type and condition of all accessible and visible water and wastewater and vent lines; (ii) inspect and operate all fixtures and faucets where the flow end of the faucet is not connected to an appliance; (iii) observe for the presence of back-flow devices, anti-siphon devices, or systems or air gaps when applicable; (iv) observe water supply by viewing functional flow in two fixtures operated simultaneously; (v) observe functional drainage at accessible plumbing fixtures; (vi) inspect for proper installation and identification of hot and cold faucets; (vii) operate mechanical drainstops if installed on sinks, lavatories, and tubs; (viii) inspect commodes for cracks in the ceramic material, proper mounting on the floor, evidence of leaks, and operation of the tank components; (ix) observe all accessible supply and drain pipes for evidence of leaks; (x) observe existence of visible vent pipe system to the exterior of the structure and for proper routing and termination of the vent system; (xi) inspect shower pan for leaks; and (xii) operate exterior faucets attached or immediately adjacent to the structure. (J) Specific limitations for plumbing systems. The inspector is not required to do the following: (i) operate any main, branch, or shut-off valves; (ii) inspect any system which has been shut down or otherwise secured; (iii) inspect any components which are not visible or accessible; (iv) inspect any exterior plumbing components such as water mains, private sewer systems, water wells, sprinkler systems, or swimming pools; (v) inspect fire sprinkler systems; (vi) inspect or operate drain pumps or waste ejector pumps; (vii) inspect the quality or the volume of well water; (viii) determine the potability of any water supply; (ix) inspect water-conditioning equipment, such as softeners or filter systems; (x) inspect solar water heating systems; (xi) determine the effectiveness of anti-siphon devices on appropriate fixtures or systems; (xii) operate free-standing appliances; (xiii) inspect private water supply systems, swimming pools, or pressure tanks; (xiv) observe the system for proper sizing, design, or use of proper materials; or (xv) inspect the gas supply system for leaks. (g) Electrical systems. (1) Scope. (2) Components for inspection. (A) Service entrance and panels. (i) Inspection guidelines. The inspector shall do the following: (I) observe the general condition of the service drop; (II) observe that the drop, weatherhead, and mast are securely fastened; (III) inspect for the presence of a grounding electrode conductor in the service where visible, proper connection to the grounding electrode or grounding system; (IV) inspect all accessible main and subpanels to ensure they are adequately secured to the structure and appropriate for their location (weather-tight if exposed to weather, appropriate clearances and accessibility), with inside covers (dead fronts) in place and knock-outs filled; (V) inspect the condition of the wiring in the panels, its type (copper or aluminum), and the compatibility of overcurrent protectors for the size of conductor being used and for proper sizing of listed equipment of overcurrent protection and conductors, when power requirements for listed equipment are readily available; (VI) report (if aluminum branch circuit wire is observed in the main or subpanels) the presence or absence of appropriate connections, such as copper/aluminum approved devices, pig-tailed connections, or crimp connections; and (VII) observe the presence of proper main disconnect(s). (ii) Specific limitations. The inspector is not required to do the following: (I) determine the ability of the system to comply with current codes; (II) determine service capacity amperage or voltage; (III) dismantle any electrical device or control other than those required by this section; (IV) insert any tool, probe, or testing device into main or subpanels; (V) activate electrical systems or branch circuits which are not energized; (VI) operate overload protection devices; (VII) determine the adequacy of the ground conductor(s); (VIII) determine the capacity of the electrical system relative to present or future use; (IX) determine the insurability of the property; (X) conduct voltage drop calculations; or (XI) move furniture, stored items, or appliances to inspect panels, wiring, or connections. (B) Branch circuits, connected devices, and fixtures. (i) Inspection guidelines. The inspector shall do the following: (I) inspect all accessible receptacles to determine whether: (-a-) power is present; (-b-) polarity is proper; (-c-) the unit is grounded, if applicable; (-d-) heat is excessive; (-e-) the unit is secured to the wall; (-f-) the cover is in place; and (-g-) ground fault circuit interrupter devices are properly installed in appropriate locations and operate properly as shown by use of a tester; (II) operate all accessible wall and appliance switches to determine if: (-a-) the switches are operational and functioning properly; (-b-) there is arcing or excessive heat; and (-c-) the switches are fastened securely with covers in place; (III) inspect installed fixtures including lighting devices and ceiling fans; (IV) report missing fixtures; (V) inspect the general condition of exposed wiring and junction boxes; (VI) inspect for the presence of conduit in appropriate locations and for proper termination of conduit; (VII) inspect appliances and electrical gutters for proper grounding; (VIII) observe subpanels for proper bonding and grounding; (IX) inspect for presence of disconnects in appropriate locations; and (X) inspect (if branch circuit aluminum wiring is discovered in the main or subpanels) a random sampling of accessible receptacles and switches and report the presence or absence of appropriate connections, such as copper/aluminum approved devices, pig-tailed connections, or crimp connections. (ii) Specific limitations. The inspector is not required to do the following: (I) move any objects, furniture, or appliances to gain access to any electrical component; (II) remove switch or outlet cover plates, except where aluminum wiring is observed in the main or subpanels; (III) inspect any electrical equipment which is not in a accessible area; (IV) dismantle any electrical device or control; (V) inspect ancillary systems, such as burglar and smoke or fire systems, lightning protection, low voltage systems, antennae, electrical deicing tapes, sprinkler wiring, swimming pool or spa wiring, intercom systems, any systems which are controlled by timers or photo voltaic cells, landscape lighting, cable TV wiring, telephone wiring, load or voltage regulators; or (VI) trace wiring origins or wiring destination. (h) Optional inspections of other systems and attachments. (1) Scope. This subsection covers other systems and attachments which an inspector may be requested to inspect. The inspector may need special knowledge or tools to perform these inspections. It is the responsibility of the inspector to be properly informed and educated regarding current and safe procedures for inspecting the items described in this subsection. The inspector shall determine and provide a report of the condition of the equipment, systems, parts, or components by visual observation and operation in normal modes and operating range noted at the date and time of the inspection. If an inspector agrees to inspect a component described in this subsection, subsections (b) and (c) of this section apply. (2) Components for inspection. (A) Gas lines. (i) Inspection guidelines. The inspector shall do the following: (I) inspect for the condition and type of all accessible and visible gas piping; and (II) test gas lines by using a local or an industry-accepted procedure. (ii) Specific limitations. The inspector is not required to inspect sacrificial anode bonding or existence. (B) Outbuildings. The inspector shall do the following: (i) inspect the building for structural performance and for water penetration; and (ii) observe the building for compliance with electrical, plumbing, and HVAC standards where applicable. (C) Outdoor cooking equipment. The inspector shall do the following: (i) identify the energy source and operate the unit; (ii) inspect the condition of control knobs, handles, burner bars, grills, box, rotisserie (if present), and heat diffusion material; (iii) observe the stability of the unit and pedestal; (iv) inspect gas units for proper materials used for the gas branch line and the connection to the appliance; and (v) inspect gas units for presence and location of the gas shut-off valve and for leaks at the valve. (D) Lawn and garden sprinkler system. (i) Inspection guidelines. The inspector shall do the following: (I) operate all zones or stations on the system manually; (II) observe water flow or pressure at the circuit heads; (III) inspect for evidence of surface water leaks, presence and proper installation of anti-siphon valves, and backflow preventers and presence of shut-off valves; (IV) inspect the condition and mounting of control box and visible wiring; and (V) observe and report the operation of each zone and associated valves, spray head patterns, and areas of non-coverage within the zone. (ii) Specific limitations. The inspector is not required to inspect the automatic function of the timer or control box, the rain sensor, or the effectiveness of anti-siphon valves or backflow preventers. (E) Private water wells. (i) Inspection guidelines. The inspector shall do the following: (I) operate at least two fixtures simultaneously; (II) identify the type of pump and type of storage equipment; (III) observe and determine water pressure and flow and operation of pressure switches; (IV) observe the condition of visible and accessible equipment and components; (V) inspect for proper wiring and circuit protection; (VI) observe the condition of, and site drainage in the area of, the well head; and (VII) recommend, perform, or arrange to have performed, a coliform analysis. (ii) Specific limitations. The inspector is not required to do the following: (I) open, uncover, or remove the pump, heads, screens, lines, or other component parts of the system; (II) determine water quality or potability or the reliability of the water supply or source; or (III) locate or verify underground water leaks. (F) Individual private sewage systems (septic systems). (i) Inspection guidelines. The inspector shall do the following: (I) report the observed condition of the accessible or visible components of the system at the time of the inspection; (II) operate plumbing fixtures to observe functional flow; (III) walk over the area of tanks and fields or beds to identify by visual and olfactory means, any evidence of effluent seepage or flow at the surface of the ground; (IV) inspect for areas of inadequate site drainage around or adjacent to the system; (V) observe proximity, if known, of water wells; underground cisterns; water supply lines; streams, ponds, and lakes; sharp slopes or breaks; easement lines; property lines; soil absorption systems; swimming pools or sprinkler systems; (VI) inspect the operation of the system; (VII) observe the presence of visible access to tanks; (VIII) determine the type of the system, if possible, and the location of the drainfield; and (IX) verify the operation of aerators, dosing pumps, and proper wiring when equipment is present. (ii) Specific limitations. The inspector is not required to do the following: (I) excavate or uncover the system or its components to determine the size, adequacy, or efficiency of the system; or (II) determine the type of construction used unless readily known without excavation or destructive examination. (G) Swimming pools and equipment (spas and hot tubs). (i) Inspection guidelines. The inspector shall do the following: (I) determine and identify the type of pool construction; (II) note the condition of pool surfaces, identifying cracks or deterioration of the surface(s); (III) observe the condition of tiles, copings, and decks; (IV) inspect the condition of slides, steps, diving boards, and other equipment; (V) inspect the condition of drains, skimmers, and valves; (VI) observe the presence, condition, and function of pool lights and ground fault circuit interrupter protection; (VII) inspect the condition and function of pump motors, controls, sweeps, proper wiring, and circuit protection; (VIII) inspect condition and function of heater, if present; (IX) inspect gas heaters for proper materials used for the branch line and the connection to the appliance; (X) inspect gas heaters for presence and location of the gas shut-off valve and for leaks at the valve; (XI) observe external grounding of the pump motor, blowers, and other electrical equipment, if visible; (XII) inspect the condition of the filter tank, pressure gauge, and for above- ground water leaks; and (XIII) observe for the presence of and determine the condition of fences, gates, or enclosures. (ii) Specific limitations. The inspector is not required to the following: (I) dismantle or otherwise open any components or lines; (II) uncover or excavate any lines or otherwise concealed components of the system, or determine the presence of sub-surface leaks; (III) fill the pool, spa, or hot tub with water; (IV) determine the presence of sub-surface water tables; or (V) 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. (H) Built-in security and fire protection equipment. The inspector shall do the following: (i) determine the type of security system and the location of monitoring devices and control boxes; (ii) inspect and note of entry, motion, infrared, or other detection devices; (iii) determine the type and location of fire detection sensors; (iv) note whether sensors are smoke, heat, or ionization detectors; (v) note the existence of external alarm, battery back-up, and telephone interconnect; and (vi) observe whether system is monitored or an alarm type and randomly test the system. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 7, 1992. TRD-9210888 Mark A. Moseley General Counsel Texas Real Estate Commission Effective date: October 1, 1992 Proposal publication date: June 2, 1992 For further information, please call: (512) 465-3900 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part I. Texas Department of Public Safety Chapter 15. Drivers License Rules Examination Requirements 37 TAC sec.15.54 The Texas Department of Public Safety adopts an amendment to sec.15.54, concerning vehicle inspection, without changes to the proposed text as published in the July 3, 1992, issue of the Texas Register (17 TexReg 4737). The adoption of the amendments promulgate vehicle inspection items to be inspected prior to a road test for a driver's license and the rejection standards of a road test to promote vehicle safety and to improve driver skills. Paragraph (2)(F) is rewritten to clarify vehicle registration and display of registration plates. Language is added in paragraph (3)(B)(i)-(xi) for clarification, inspection items deleted, and clauses renumbered. Paragraph (4) is added which provides that a seat be available for the examiner to ride on, the door next to the examiner's seat must open and close safely, and authorizes who may ride in a vehicle while driving test is being conducted. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6687b, sec.1A and Texas Government Code, sec.411.004(3), which provides the Texas Department of Public Safety with the authority to adopt rules that it determines are necessary to effectively administer this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 5, 1992. TRD-9210951 James R. Wilson Director Texas Department of Public Safety Effective date: September 1, 1992 Proposal publication date: July 3, 1992 For further information, please call: (512) 465-2000 Driver Improvement 37 TAC sec.15.83 The Texas Department of Public Safety adopts an amendment to sec.15.83, concerning driver improvement, without changes to the proposed text as published in the July 3, 1992, issue of the Texas Register (17 TexReg 4738). The adoption of this amendment will enhance traffic safety by denial of a Texas driver's license to a person who has been convicted in any state on a charge which carries an automatic suspension. The amendment adds and deletes language to clarify driver license denials. An applicant for a Texas license convicted in any state on a charge which carries an automatic suspension of license will be denied a license for the remaining period of suspension. No comments were received regarding adoption of the amendment. The amendment is adopted under Texas Civil Statutes, Article 6687b, sec.1A and the Texas Government Code, sec.411.004(3), which provides the Texas Department of Public Safety with the authority to adopt rules that it determines are necessary to effectively administer this Act. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 5, 1992. TRD-9210950 James R. Wilson Director Texas Department of Public Safety Effective date: September 1, 1992 Proposal publication date: July 3, 1992 For further information, please call: (512) 465-2000 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part VI. Texas Commission for the Deaf and Hearing Impaired Chapter 183. Board for Evaluation of Interpreters and Interpreter Certification Subchapter A. Board Operations 40 TAC sec.sec.183.1, 183.3, 183.5 The Texas Commission for the Deaf and Hearing Impaired adopts the repeal of sec.sec.183.1, 183.3, and 183.5, concerning the Board for Evaluation of Interpreters, Subchapter A. Board Operations, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4514). The TCDHI commissioners have established September 1, 1992, as the effective date for the repeals. The adoption of the repeals enables the adoption of new rules which provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210891 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter A. Definitions and Board Operations 40 TAC sec.sec.183.1, 183.3, 183.5, 183.9, 183.11, 183.13, 183.17, 183.19, 183.23, 183.25, 183.29, 183.33 The Texas Commission for the Deaf and Hearing Impaired adopts new sec.sec.183. 1, 183.3, 183.5, 183.9, 183.11, 183.13, 183.17, 183.19, 183.23, 183.25, 183.29, and 183.33, concerning the Board for Evaluation of Interpreters, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4514). The TCDHI Commissioners have established September 1, 1992, as the effective date of the adopted sections. The adoption of these rules, relating to definitions and board operations, will provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.81.006(b)(3) and sec.81.007, which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs and promulgate and establish necessary rules for the Board for Evaluation of Interpreters. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210898 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter B. Board Certification Procedures 40 TAC sec.sec.183.11, 183.13, 183.15, 183.17, 183.21, 183.29, 183.31, 183.33 The Texas Commission for the Deaf and Hearing Impaired adopts the repeal of sec.sec.183.11, 183.13, 183.15, 183.17, 183.21, 183.29, 183.31, and 183.33, concerning the Board for Evaluation of Interpreters, Subchapter B. Board Certification Procedures, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4516). The TCDHI commissioners have established September 1, 1992, as the effective date for the repeals. The adoption of the repeals enables the adoption of new rules which provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210892 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter C. Standards of Ethical Behavior of the Texas Commission for the Deaf 40 TAC sec.sec.183.55, 183.57, 183.59 The Texas Commission for the Deaf and Hearing Impaired adopts the repeal of sec.sec.183.55, 183.57, and 183.59, concerning the Board for Evaluation of Interpreters, Subchapter C. Standards of Ethical Behavior of the Texas Commission for the Deaf, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4517). The TCDHI commissioners have established September 1, 1992, as the effective date for the repeal. The adoption of the repeals enables the adoption of new rules which provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210893 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter D. Appeals Procedures for Interpreters 40 TAC sec.183.65 The Texas Commission for the Deaf and Hearing Impaired adopts the repeal of sec.183.65, concerning the Board for Evaluation of Interpreters, Subchapter D. Appeals Procedures for Interpreters, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4517). The TCDHI commissioners have established September 1, 1992, as the effective date for the repeal. The adoption of the repeal enables the adoption of new rules which provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the repeal. The repeal is adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210894 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter E. Recertification Procedures 40 TAC sec.183.75, sec.183.77 The Texas Commission for the Deaf and Hearing Impaired adopts the repeal of sec.183.75, and sec.183.77, concerning the Board for Evaluation of Interpreters, Subchapter E. Recertification Procedures, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4517). The TCDHI commissioners have established September 1, 1992, as the effective date for the repeals. The adoption of the repeals enables the adoption of new rules which provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210895 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter F. Denial, Suspension, or Revocation of a Certificate 40 TAC sec.sec.183.85, 183.87, 183.89, 183.91, 183.93 The Texas Commission for the Deaf and Hearing Impaired adopts the repeal of sec.sec.183.85, 183.87, 183.89, 183.91, and 183.93, concerning the Board for Evaluation of Interpreters, Subchapter F. Denial, Suspension, or Revocation of a Certificate, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4518). The TCDHI commissioners have established September 1, 1992, as the effective date for the repeals. The adoption of the repeals enables the adoption of new rules which provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210896 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter G. Fees 40 TAC sec.sec.183.101, 183.103, 183.105, 183.107, 183.109 The Texas Commission for the Deaf and Hearing Impaired adopts the repeal of sec.sec.183.101, 183.103, 183.105, 183.107, and 183.109, concerning the Board for Evaluation of Interpreters, Subchapter G. Fees, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4518). The TCDHI commissioners have established September 1, 1992, as the effective date for the repeals. The adoption of the repeals enables the adoption of new rules which provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the repeals. The repeals are adopted under the Human Resources Code, sec.81.006(b)(3), which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210897 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter B. Board Certification Procedures 40 TAC sec.sec.183.101, 183.113, 183.117, 183.123, 183.125, 183. 127, 183.131, 183.137, 183.139, 183.141, 183.143, 183.145, 183.147, 183.149, 183.157, 183.159, 183.161, 183.163, 183.165, 183.169, 183.171, 183.173, 183. 175 The Texas Commission for the Deaf and Hearing Impaired adopts new sec.sec.183. 101, 183.113, 183.117, 183.123, 183.125, 183. 127, 183.131, 183.137, 183.139, 183.141, 183.143, 183.145, 183.147, 183.149, 183.157, 183.159, 183.161, 183. 163, 183.165, 183.169, 183.171, 183.173, and 183.175, concerning the Board for Evaluation of Interpreters and Interpreter Certification, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4519). The TCDHI commissioners have established September 1, 1992, as the effective date for the adopted sections. The adoption of these rules, relating to board certification procedures, will provide updated procedures and clarification in the operation of the board for Evaluation of Interpreters. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.81.006(b)(3) and sec.81.007, which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs and promulgate and establish necessary rules for the Board for Evaluation of Interpreters. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210899 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter C. Standards of Ethical Behavior for Interpreters 40 TAC sec.sec.183.301, 183.303, 183.305 The Texas Commission for the Deaf and Hearing Impaired adopts new sec.sec.183. 301, 183.303, and 183.305, concerning the Board for Evaluation of Interpreters and Interpreter Certification, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4523). The TCDHI commissioners have established September 1, 1992, as the effective date of the adopted sections. The adoption of these rules, relating to standards of ethical behavior for interpreters, will provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.81.006(b)(3) and sec.81.007, which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs and promulgate and establish necessary rules for the Board for Evaluation of Interpreters. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210900 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter D. Denial, Suspension, or Revocation of a Certificate 40 TAC sec.sec.183.501, 183.505, 183.507, 183.511 The Texas Commission for the Deaf and Hearing Impaired adopts new sec.sec.183. 501, 183.505, 183.507, and 183.511, concerning the Board for Evaluation of Interpreters and Interpreter Certification, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4524). The TCDHI commissioners have established September 1, 1992, as the effective date of the adopted sections. The adoption of these rules, relating to denial, suspension, or revocation of certificate, will provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.81.006(b)(3) and sec.81.007, which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs and promulgate and establish necessary rules for the Board for Evaluation of Interpreters. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210901 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter E. Fees 40 TAC sec.sec.183.571, 183.573, 183.575, 183.579 The Texas Commission for the Deaf and Hearing Impaired adopts new sec.sec.183. 571, 183.573, 183.575, and 183.579, concerning the Board for Evaluation of Interpreters and Interpreter Certification, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4525). The TCDHI commissioners have established September 1, 1992, as the effective date of the adopted sections. The adoption of these rules, relating to fees, will provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.81.006(b)(3) and sec.81.007, which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs and promulgate and establish necessary rules for the Board for Evaluation of Interpreters. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210902 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323 Subchapter F. Publications 40 TAC sec.sec.183.601, 183.603, 183.605 The Texas Commission for the Deaf and Hearing Impaired adopts new sec.sec.183. 601, 183.603, and 183.605, concerning the Board for Evaluation of Interpreters and Interpreter Certification, without changes to the proposed text as published in the June 23, 1992, issue of the Texas Register (17 TexReg 4526). The TCDHI commissioners have established September 1, 1992, as the effective date of the adopted sections. The adoption of these rules, relating to publications, will provide updated procedures and clarification in the operation of the Board for Evaluation of Interpreters. No comments were received regarding adoption of the new sections. The new sections are adopted under the Human Resources Code, sec.81.006(b)(3) and sec.81.007, which provides the Texas Commission for the Deaf and Hearing Impaired the authority to adopt rules for administration and programs and promulgate and establish necessary rules for the Board for Evaluation of Interpreters. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on August 3, 1992. TRD-9210903 Carla Stephenson Interim Director Texas Commission for the Deaf and Hearing Impaired Effective date: September 1, 1992 Proposal publication date: June 23, 1992 For further information, please call: (512) 444-3323