Texas Standards of Practice Module Booklet PDF

1 Texas Standards of Practice Module Booklet This Standards of Practice course covers the unique reporting requirements and exclusions for electrical, and mechanical and structural systems. Below are the rules concerning reporting and exclusions for these areas. In the past, T...

1 Texas Standards of Practice Module Booklet This Standards of Practice course covers the unique reporting requirements and exclusions for electrical, and mechanical and structural systems. Below are the rules concerning reporting and exclusions for these areas. In the past, TREC has answered home inspectors’ questions concerning the standards. These questions and answers covering these three areas are also included in this reading material. Texas Unique Reporting Requirements A. Electrical Systems 1. Reporting Requirements 535.229 Standards of Practice: Minimum Inspection Requirements for Electrical Systems (a) Service entrance and panels. (1) The inspector shall report as Deficient: (A) a drop, weatherhead or mast that is not securely fastened to the building; (B) the absence of or deficiencies in the grounding electrode system; (C) missing or damaged dead fronts or covers plates; (D) conductors not protected from the edges of electrical cabinets, gutters, or cutout boxes; (E) electrical cabinets and panel boards not appropriate for their location; such as a clothes closet, bathrooms or where they are exposed to physical damage; (F) electrical cabinets and panel boards that are not accessible or do not have a minimum of 36-inches of clearance in front of them; (G) deficiencies in: (i) electrical cabinets, gutters, cutout boxes, and panel boards; (ii) the insulation of the service entrance conductors, drip loop, separation of conductors at weatherheads, and clearances; (iii) the compatibility of overcurrent devices and conductors; (iv) the overcurrent device and circuit for labeled and listed 250 volt appliances; (v) bonding and grounding; (vi) conductors; and (vii) the operation of installed ground-fault or arc-fault circuit interrupter devices; and (H) the absence of: (i) trip ties on 250 volt overcurrent devices or multi-wire branch circuit; (ii) appropriate connections; (iii) anti-oxidants on aluminum conductor terminations; and (iv) main disconnecting means. (b) Branch circuits, connected devices, and fixtures. (1) The inspector shall:  2 (A) manually test the installed and accessible smoke and carbon monoxide alarms; (B) report the type of branch circuit conductors; and (C) report as Deficient: (i) the absence of ground-fault circuit interrupter protection in all: (I) bathroom receptacles; (II) garage and accessory receptacles; (III) outdoor receptacles; (IV) crawl space receptacles and lighting outlets; (V) basement receptacles; (VI) receptacles that serve kitchen countertops; (VII) receptacles that are located within six feet of the outside edge of a sink, shower, or bathtub; (VIII) laundry area receptacles; (IX) indoor damp and wet location receptacles; (X) kitchen dishwasher receptacle: and (XI) electrically heated floors. (ii) the absence of arc-fault protection in the following locations: (I) kitchens; (II) family rooms; (III) dining rooms; (IV) living rooms; (V) parlors; (VI) libraries; (VII) dens; (VIII) bedrooms; (IX) sunrooms; (X) recreation rooms; (XI) closets; (XII) hallways; and (XIII) laundry area; (iii) the failure of operation of ground-fault circuit interrupter protection devices; (iv) missing or damaged receptacle, switch or junction box covers; (v) the absence of: (I) equipment disconnects; (II) 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; (vi) receptacles less than five and a half feet above the floor that are not tamper resistant; (vii) deficiencies in 125 volt receptacles by determining the: (I) presence of power (II) correct polarity, and (III) presence of grounding;  3 (viii) deficiencies in 250 volt receptacles by determining the presence of power; (ix) deficiencies in: (I) switches; (II) bonding or grounding; (III) wiring, wiring terminations, junction boxes, devices, and fixtures, including improper location; (IV) doorbell and chime components; and (V) smoke and carbon monoxide alarms; (x) improper use of extension cords; (xi) deficiencies in or absences of conduit, where applicable; (xii) the absence of smoke alarms: (I) in each sleeping room; (II) outside each separate sleeping area in the immediate vicinity of the sleeping rooms; and (III) in the living space of each story of the dwelling; and (xiii) the absence of carbon monoxide alarms outside each separate sleeping area in the immediate vicinity of the sleeping rooms when either of the following conditions exist: (I) fuel fired appliance are installed in the swelling; or (II) an attached garage with an opening into the dwelling unit. 2. Electrical Standards Frequently Asked Questions Q: Do the Standards of Practice require inspectors to report double-tapped neutral wires on a panel box terminal as deficient? A: Yes, double-tapped grounded conductors (neutrals) are a deficiency and must be reported as such, unless otherwise approved and listed by the manufacturer. Q: Do the Standards of Practice require inspectors to report as deficient the lack of a dishwasher power receptacle in an adjacent cabinet (for example, under a kitchen sink)? A: No. Q: 1. Is it a “reasonable opinion of the inspector” NOT to identify the absence of AFCI devices as deficient in houses built under 1999 NEC code before 1999/2003? 2. Is it a “reasonable opinion of the inspector” NOT to identify the absence of AFCI devices (in locations other than bedroom branch circuits) as deficient in houses built under 2008 NEC code before 2009? 3. Are inspectors required to test installed AFCI devices only in vacant houses and use “reasonable judgment” not to test in occupied houses? 4. If testing AFCI devices (pushing the button) has a purpose, should all installed AFCI devices in all houses be tested? 5. Does the Specific Limitation not requiring operation of over current devices apply to AFCI devices, which are also over current devices? 6. Has TREC Rule 535.229 set aside the adopted model building codes for the State of Texas by intent or otherwise, by requiring licensees to report absence of AFCI devices as adversely and materially affecting the performance of the electrical system, and constituting a hazard to life, limb and  4 property? 7. Will TREC enforcement allow the inspector to use his reasonable opinion and judgment, to not report the absence of AFCI devices where not required by NEC codes, as deficient, but rather allow the inspector to inform real estate consumers about the technology of AFCI devices, and refer them to www.usconsumersproductssafetycommission.gov and a licensed electrician to specify the work and cost to have AFCI devices? A: Section 535.229(a) of the Standards of Practice requires inspectors to report as deficient the absence, or failure of operation, of AFCIs in all houses, not just those built after a certain year, with an exception to the requirement to test them in cases in which the inspector reasonably believes that testing them may result in damage to the property. While TREC recognizes that the building codes have not always required AFCIs, the agency believes that it is important for consumers to be made aware of these safety devices when they are not present and functioning in a home as a consumer protection issue. Q: 1. Is the inspector required to be report the mere presence of an FPE panel as deficient? 2. Is the inspector required to warn or advise of the alleged risks if TREC determines the panel is not required to be reported as deficient? A: No. The standards of practice do not address this condition. Q: Clarification is required regarding the apparently infeasible requirement to identify these two components (service entrance and panels, and anti-oxidants) through a strictly visual inspection. A: There is no requirement in the standards of practice to determine the type of anti-oxidizing compound present. How the inspector determines the presence of aluminum conductors is left to inspector. It is not understood how multiple trips to the structure would make any difference in this condition so that portion of the question cannot be answered. Q: Are inspectors required to mark and or comment as deficient the absence of tamper resistant receptacles? A: No. The Standards of Practice do not address tamper-resistant receptacles. Q: Is an inspector required to determine if a light fixture is approved for its location over a bathtub or shower? Is the light in this photo deficient and a required TREC reporting item? A: The Standards of Practice do not require inspectors to determine if light fixtures are approved for wet locations or to report such installations as a deficiency. Q: Is a receptacle on a garage ceiling that is not GFCI protected deficient and a required reporting item per TREC? A: Pursuant to Section 535.229(c)(3)(A)(ii), a garage receptacle that does not have GFCI protection is deficient and must be reported as such. Note, however, that the Inspector  5 Committee may consider a change to the Standards to create an exception for garage ceiling receptacles serving garage door openers. 3. Electrical Systems Exclusions The other side of the standards is that there are specific exclusions. These exclusions keep the inspector from having to do certain things related to the electrical standards that, under normal circumstances, would represent going above and beyond a typical home inspection. However, it should be noted that because the standards authorize home inspectors to go beyond the standard rules in conducting a home inspection, a home inspector can ignore the exclusions and conduct an inspection that involves evaluating for the exclusions despite not being required to cover them if they are exempted. Therefore, so long as the inspector has adequate experience, education, or licensing requirements for conducting an inspection that includes one of the exclusions, it can be done. In other words, the exemptions do not require you to avoid inspecting the items listed in the exemptions, they only authorize you to avoid inspecting them should you decide to do so. As an example concerning electric, the inspector is not required to inspect low-voltage wiring. That is one of the specific exclusions under the electrical standards. Nevertheless, if an inspector notices that some internet cabling in the attic has been damaged, as a courtesy or supplemental service to their client they could voluntarily include that in their report despite the fact that they are not required to do so because it is an exclusion. So, exclusions are not as important as the standards covering what you must report on in the first place. At the same time, if you find the exclusions are of little benefit to your client yet involve more time than they might deserve, you can legitimately exclude them from your inspection and reporting because they are specifically excluded under the standards. Furthermore, be sure you are confident that your education, experience, capability, understanding, or licensing required, if any, in conducting the inspection of the exclusion is adequate. 535.229 Standards of Practice: Minimum Inspection Requirements for Electrical Systems (a) Service entrance and panels. (2) The inspector is not required to: (A) determine present or future sufficiency of service capacity amperage, voltage, or the capacity of the electrical system; (B) conduct voltage drop calculations; (C) determine the accuracy of overcurrent device labeling; (D) remove covers where hazardous as judged by the inspector; (E) verify the effectiveness of overcurrent devices; or (F) operate overcurrent devices. (b) Branch circuits, connected devices, and fixtures. (2) The inspector is not required to: (A) inspect low voltage wiring;  6 (B) disassemble mechanical appliances; (C) verify the effectiveness of smoke alarms; (D) verify interconnectivity of smoke alarms; (E) activate smoke or carbon monoxide alarms that are or may be monitored or require the use of codes; (F) verify that smoke alarms are suitable for the hearing-impaired; or (G) remove the covers of junction, fixture, receptacle or switch boxes unless specifically required by these standards; or (H) test arc-fault circuit interrupter devices when the property is occupied or damage to personal property may result, in the inspector’s reasonable judgment. B. Mechanical Systems 1. Reporting Requirements 535.230 Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning Systems (a) Heating equipment. (1) The inspector shall: (A) report: (i) the type of heating systems; and (ii) the energy sources; and (B) report as Deficient: (i) inoperative units; (ii) deficiencies in the thermostats; (iii) inappropriate location; (iv) the lack of protection from physical damage; (v) 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; (vi) the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish; (vii) when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement; and (viii) deficiencies in mounting and performance of window and wall units; (2) Requirements for electric units. The inspector shall report deficiencies in: (A) performance of heat pumps; (B) performance of heating elements; and (C) condition of conductors; and (3) Requirements for gas units. The inspector shall report as Deficient: (A) gas leaks in the heating equipment not associated with the gas distribution system; (B) flame impingement, uplifting flame, improper flame color, or excessive scale buildup; and  7 (C) deficiencies in: (i) combustion, and dilution air; and (ii) the vent pipe, draft hood, draft, proximity to combustibles, and vent termination point and clearances; (b) Cooling equipment (1) Requirements for cooling units other than evaporative coolers. (A) the inspector shall: (i) report the type of systems; (ii) measure and report the temperature difference between the supply air and the returned air or report industry-accepted method used to determine performance; and (iii) generally report extraneous factors or conditions present on the day of the inspection, that would adversely impact the temperature differential of an otherwise performing unit; and (B) the inspector shall report as Deficient: (i) inoperative units; (ii) deficiencies in the performance of the cooling system that: (I) fails to achieve a 15 degrees Fahrenheit to 22 degrees Fahrenheit temperature differential; (II) fails to cool adequately as determined by other industry-accepted methods; (iii) the absence of an opening that would allow access to equipment for inspection, service, repair or replacement without removing permanent construction or building finish; (iv) when applicable; a floored passageway and service platform that would allow access for equipment inspection, service, repair or replacement; (v) noticeable vibration of blowers or fans; (vi) water in the auxiliary/secondary drain pan; (vii) a primary drain pipe that discharges in a sewer vent; (viii) missing or deficient refrigerant pipe insulation; (ix) dirty coils, where accessible; (x) condensing units lacking adequate clearances or air circulation or that has deficiencies in the fins, location, levelness, or elevation above grade surfaces; (xi) deficiencies in: (I) the condensate drain and auxiliary/secondary pan and drain system; (II) mounting and performance of window or wall units; and (III) thermostats. (2) Requirements for evaporative coolers. (A) The inspector shall report: (i) type of systems; and (ii) the type of water supply line; and (B) The inspector shall report as Deficient: (i) inoperative units; (ii) inadequate access and clearances; (iii) deficiencies in performance or mounting;  8 (iv) missing or damaged components; (v) the presence of active water leaks; and (vi) the absence of backflow prevention. (c) Duct systems, chases, and vents. (1) The inspector shall report as Deficient: (A) damaged duct systems or improper material; (B) damaged or missing duct insulation; (C) the absence of air flow at accessible supply registers; (D) the presence of gas piping and sewer vents concealed in ducts, plenums and chases; (E) ducts or plenums in contact with earth; and (F) deficiencies in: (i) filters; (ii) grills or registers; and (iii) the location of return air openings. 2. Mechanical Systems Standards Frequently Asked Questions Q: 1. Is the definition of accessible, as applied to gas appliance connections, left to the reasonable judgment of the inspector? 2. Are gas ranges, built-in wall ovens, or clothes dryers considered to be large, heavy, fragile objects which could be damaged or cause damage while being moved, and an undue hazard and risk to the inspector? 3. Is the inspector required to comment on or report as deficient those gas appliance shut-off valves and connectors not visible or accessible without moving the gas appliances? 4. Is olfactory detection of methane/natural gas odorant the only reasonable method of discovering gas leaks when the connectors are not accessible? 5. Is observance of gas shut-off valves and connections with a digital camera placed behind or under appliances considered a reasonable method for discovering deficiencies in inaccessible areas? A: Pursuant to Section 535.227(a) of the Standards of Practice, inspectors are not required to move appliances in order to inspect behind them. However, it is often possible to locate gas shut- off valves either behind or near appliances (such as in the cabinet next to the range). If a gas shut-off valve cannot be located, this should be reported. As the question suggests, it is sometimes also possible to use a digital camera to “see” in areas that are not otherwise accessible and there are multiple means of detection of gas leaks in existence, such as through the use of hand held detectors (however, these would be considered specialized tools and are not required to be used in performing inspections). Q: Is the presence of a gas shut off valve that requires a tool to turn off deficient? A: Question is not clear. Some gas shut-off valves are safety or emergency shut off devices and some are not. As the type of valve in question is not defined, no answer can be provided.  9 3. Mechanical Systems Exclusions As mentioned previously concerning exclusions, because an item is listed in the exclusions does not mean that the inspector cannot report on the item. For instance, the inspector is not required to inspect boilers, including hot water boilers. That is one of the specific exclusions under the HVAC standards. Nevertheless, if an inspector has an adequate background or education to know how to evaluate boilers it can be done voluntarily anyway, as a courtesy or supplemental service to the client despite the fact that they are not required to because it is an exclusion. There are a few exceptions to being allowed to go ahead and inspect exclusions under the HVAC exclusions clause. For instance, the exclusions state the inspector is not required to operate cooling equipment when the outdoor temperature is less than 60°F. That is not only an exemption but a good rule of thumb for when you should and should not be testing cooling equipment. That is because some cooling systems can be damaged if it is operated below 60°F. Likewise, the standards say that the inspector is not required to operate heat pumps in the heat pump mode when the outdoor temperature is above 70°F. That is also not only an exemption but a good rule of thumb for when you should and should not be testing heat pump equipment in the heating mode. That is because some heat pump systems set to the heating mode can be damaged if they are operated above 70°F. A final example in the exclusions states the inspector is not required to inspect for the pressure of the system refrigerant, type of refrigerant or refrigerant leaks. That is not only an exemption but a good idea, particularly if you are not licensed or certified to do refrigerant work, as that work always requires a federally based certification or license. So, if you do not have that certification or license to do work or inspections on refrigerant systems, you are absolutely prohibited from doing these tests anyway. 535.230 Standards of Practice: Minimum Inspection Requirements for Heating, Ventilation, and Air Conditioning System (d) For heating, ventilation, and air conditioning systems inspected under this section, the inspector is not required to perform the following actions: (1) program digital thermostats or controls; (2) inspect: (A) for pressure of the system refrigerant, type of refrigerant, or refrigerant leaks; (B) winterized or decommissioned equipment; or (C) duct fans, humidifiers, dehumidifiers, air purifiers, motorized dampers, electronic air filters, multi-stage controllers, sequencers, heat reclaimers, wood burning stoves, boilers, oil- fired units, supplemental heating appliances, de-icing provisions, or reversing valves; (3) operate: (A) setback features on thermostats or controls;  10 (B) radiant heaters, steam heat systems, or unvented gas-fired appliances; or (C) cooling or heating systems when weather conditions or other circumstances may cause equipment damage, including (i) cooling equipment when the outdoor temperature is less than 60 degrees Fahrenheit; and (ii) heat pumps, in the heat pump mode, when the outdoor temperature is above 70 degrees Fahrenheit; (4) verify: (A) compatibility of components; (B) tonnage and manufacturer match of indoor coils and outside coils or condensing units; (C) the accuracy of thermostats; or (D) the integrity of the heat exchanger; or (5) determine: (A) sizing, efficiency, or adequacy of the system; (B) balanced air flow of the conditioned air to the various parts of the building; or (C) types of materials contained in insulation. (f) Departure provision. (1) An inspector may depart from the inspection of a component or system required by the standards of practice only if: (A) the inspector and client agree the item is not to be inspected; (B) the inspector is not qualified to inspect the item; (C) in the reasonable judgment of the inspector, the inspector determines that: (i) conditions exist that prevent inspection of an item; (ii) conditions or materials are hazardous to the health or safety of the inspector; or (iii) the actions of the inspector may cause damage to the property; or (D) 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; (2) If an inspector departs from the inspection of a component or system required by the standards of practice, the inspector shall: (A) notify the client at the earliest practical opportunity that the component or system will not be inspected; and (B) make an appropriate notation on the inspection report form, stating the reason the component or system was not inspected. (3) If the inspector routinely departs from inspection of a component or system required by the standards of practice, and the inspector has reason to believe that the property being inspected includes that component or system, the inspector shall not perform the inspection of the property until the inspector notifies the client, or the prospective client, that the component or system will not be inspected. (g) Enforcement: Failure to comply with the standards of practice is grounds for disciplinary action as prescribed by Chapter 1102.  11 C. Standards of Practice Minimum Inspection Requirements for Structural Systems (a) Foundations. (1) The inspector shall: (A) render a written opinion as to the performance of the foundation; (B) report: (i) the type of foundations; and (ii) the vantage point from which the crawl space was inspected; (C) generally report present and visible indications used to render the opinion of adverse performance, such as: (i) binding, out-of-square, non-latching doors; (ii) framing or frieze board separations; (iii) sloping floors; (iv) window, wall, floor, or ceiling cracks or separations; and (v) rotating, buckling, cracking, or deflecting masonry cladding; and (D) report as Deficient: (i) deteriorated materials; (ii) deficiencies in foundation components such as; beams, joists, bridging, blocking, piers, posts, pilings, columns, sills or subfloor; (iii) deficiencies in retaining walls related to foundation performance; (iv) exposed or damaged reinforcement; (v) crawl space ventilation that is not performing; and (vi) crawl space drainage that is not performing. (b) Grading and drainage. (1) The inspector shall report as Deficient: (A) drainage around the foundation that is not performing; (B) deficiencies in grade levels around the foundation; and (C) deficiencies in installed gutter and downspout systems. (c) Roof covering materials. (1) The inspector shall: (A) inspect the roof covering materials from the surface of the roof; (B) report: (i) type of roof coverings; (ii) vantage point from where the roof was inspected; (iii) evidence of water penetration; and (iv) evidence of previous repairs to the roof covering material, flashing details, skylights and other roof penetrations; and (C) report as Deficient deficiencies in: (i) fasteners; (ii) adhesion;  12 (iii) roof covering materials; (iv) flashing details; (v) skylights; and (vi) other roof penetrations. (d) Roof structures and attics. (1) The inspector shall: (A) report: (i) the vantage point from which the attic space was inspected; (ii) approximate average depth of attic insulation; and (iii) evidence of water penetration; (B) report as Deficient: (i) attic space ventilation that is not performing; (ii) deflections or depressions in the roof surface as related to adverse performance of the framing and decking; and (iii) missing insulation; and (iv) deficiencies in: (I) installed framing members and decking; (II) attic access ladders and access openings; and (III) attic ventilators. (e) Interior walls, ceilings, floors, and doors. (1) The inspector shall: (A) report evidence of water penetration; and (B) report as Deficient: (i) deficiencies in the condition and performance of doors and hardware; (ii) deficiencies related to structural performance or water penetration; and (iii) the absence of or deficiencies in fire separation between the garage and the living space and between the garage and its attic.. (f) Exterior walls, doors, and windows. (1) The inspector shall: (A) report evidence of water penetration; and (B) report as Deficient: (i) the absence of performing emergency escape and rescue openings in all sleeping rooms; (ii) an attached garage doorway that is not equipped with self-closing or automatic closing devices; (iii) a door between the residence and an attached garage that is: (I) a solid wood door less than 1-3/8 inches thick; (II) a solid honeycomb core steel door less than 1-3/8 inches thick; or (III) not a 20-minute fire-rated door;  13 (iv) missing or damaged screens; (v) deficiencies related to structural performance or water penetration; (vi) deficiencies in: (I) weather stripping, gaskets or other air barrier materials; (II) claddings; (III) water resistant materials and coatings; (IV) flashing details and terminations; (V) the condition and performance of exterior doors, garage doors and hardware; and (VI) the condition and performance of windows and components. (g) Exterior and interior glazing. (1) The inspector shall report as Deficient: (A) insulated windows that are obviously fogged or display other evidence of broken seals; (B) deficiencies in glazing, weather stripping and glazing compound in windows and doors; (C) the absence of safety glass in hazardous locations; and (D) the absence of fall protection at windows that are located less than 24 inches from the finished floor and greater than 72 inches from the finished grade. (h) Interior and exterior stairways. (1) The inspector shall report as Deficient: (A) 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 (B) deficiencies in steps, stairways, landings, guardrails, and handrails. (i) Fireplaces and chimneys. (1) The inspector shall report as Deficient: (A) built-up creosote in accessible areas of the firebox and flue; (B) the presence of combustible materials in near proximity to the firebox opening; (C) the absence of fireblocking at the attic penetration of the chimney flue, where accessible; and (D) deficiencies in the: (i) damper; (ii) lintel, hearth, hearth extension, and firebox; (iii) gas fixture installed in the fireplace not associated with the gas distribution system; (iv) circulating fan; (v) combustion air vents; and (vi) chimney structure, termination, coping, crown, caps, and spark arrestor. (j) Porches, Balconies, Decks, and Carports. (1) The inspector shall:  14 (A) inspect: (i) attached balconies, carports, and porches; and (ii) abutting porches, decks, and balconies that are used for ingress and egress; and (B) report as Deficient: (i) 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; and (ii) deficiencies in accessible components. 2. Frequently Asked Questions Concerning Structural Systems Standards Q: Are inspectors required to inspect underground drainage systems or to test gutters or downspouts? A: Inspectors are not required to inspect anything buried, hidden, latent, or concealed. Accordingly, the requirement that inspectors report deficiencies in installed gutter and downspout systems applies only to visible deficiencies in above-ground gutter and downspout systems and not to underground drain piping, cisterns, or other buried components. Furthermore, there is no requirement that inspectors test gutters or downspouts (by pouring water into them or through other means). Q: Do the Standards of Practice require inspectors to report as deficient a gas log fireplace with a damper that has not been blocked open? If so, what is the minimum distance the damper should be open? A: The lack of a damper clamp is required to be reported as a deficiency when a gas appliance or artificial gas logs (but not merely a log lighter pipe) is present. The Standards of Practice do not establish a minimum distance that the clamp should hold the damper open. Q: Do the Standards of Practice require inspectors to report as deficient the absence of weep holes along the bottom course of brick and above steel lintels? A: Lack of weep holes is only required to be reported as a deficiency when there is visible evidence of water penetration or a structural issue that may be related to the lack of weep holes. Q: Do the Standards of Practice require inspectors to report as deficient evidence of a past attic fire? A: Evidence of a past fire is not, in itself, a deficiency. Accordingly, inspectors are not required to report mere evidence of a past fire or the presence of paint in the attic. If there are any deficiencies due to fire or other causes, those deficiencies must be reported. Q: The Standards of Practice require inspectors to report as deficient the lack of a 1-3/8” solid wood or fire-rated door between a house and garage. How should an inspector positively identify fire-rated doors when the markings are covered by paint?  15 A: Information regarding fire ratings of doors is often obscured by paint. In that case, inspectors are required to do their best to determine whether the door is fire-rated and to report accordingly. In some instances, the inspector will only be able to report that he or she was not able to determine whether the door was fire-rated or that the door appeared to be (or did not appear to be) fire-rated. Q: Do the Standards of Practice require inspectors to determine the headroom clearance on stairs or to report inadequate clearance as a deficiency? A: Inspectors are not required to measure the headroom clearance of every flight of stairs. The Standards of Practice do not establish a minimum headroom clearance height. Whether to report inadequate headroom clearance as a deficiency is up to the reasonable judgment of the inspector. Q: The Standards of Practice require inspectors to inspect attic ventilators and report deficiencies but do not require that they be operated. How should an inspector identify deficiencies in the power ventilators without operating them? A: In inspecting an attic with a powered ventilator, which is not required to be operated, the inspector should perform a visual inspection and consider the totality of the ventilation system. Q: What if the garage is part of the house, they share a common attic. There is no fire wall between the attic space and the rest of the house in most if not all cases. Is this considered a deficiency? What if the entrance to the attic is in the ceiling of the garage which is part of the house and share a common attic. Do the pull down steps need the same fire rating as a fire door between the structure and the garage through a common wall? A: Section §535.228(i) of the Standards of Practice states that: “The inspector shall: (2) report as Deficient: (C) lack of fire separation between the garage and the residence and its attic space”. The SOP is not referring to a separation in the attic itself between the house attic and the garage attic similar to a firewall separation in apartment attics. The intent of the Standard is that the garage will be separated from the living area of the house. Q: Is the inspector required to determine the presence of Chinese drywall? Is the inspector required to report the symptoms of Chinese drywall? Is the inspector required to warn of the risk of Chinese drywall? A: Pursuant to the general limitations in the Standards of Practice, inspectors are not required to determine the presence of “Chinese drywall” or to report its symptoms or risks. As an example, if corrosion to copper tubing lines or copper wires were found, that could in the opinion of the inspector constitute a deficiency, the inspector is not required to determine or report the cause of the corrosion, such as from “Chinese drywall." Q: Is an egress window with a sill greater than 44 inches from the floor a required reporting item and deficient? Will advising the client to place a climbable object (such as the chest) supersede the need to identify the item as deficient?  16 A: The answer to the first question is “No”. The standards of practice are not based on a specific requirement such as those promulgated by model building codes. The requirements for emergency escape and rescue openings in sleeping rooms and the sill heights and sizes of the emergency escape openings in sleeping rooms have varied through the years. The inspector must use “reasonable judgment” in determining if the emergency escape and rescue openings are sufficient for the intended purpose of the openings for the inspector’s client. In response to the 2nd question, an inspector must keep in mind that his role is primarily to document the condition of the home at the time of the inspection per §535.227(b)(3)(N). An inspector is not required to recommend “fixes”. Q: If code is the reference are there any parts of the applicable code that are not required to be reported as deficient? Is the inspector required by the Standards to state or explain the condition as a hazard to the consumer? A: The requirements for safety glass and the clearances and locations where safety glass is required has varied throughout the years. It is up to the “reasonable judgment” of the inspector to determine if the situation encountered during the inspection is or is not a hazard for the inspector’s client. Q: 1. Does TREC consider the example in picture 2 [which shows a roof with roofing felt ending short of the drip edge and the rake not overlapped over the drip edge] a required reporting deficiency? a. If yes, is the inspector required to inspect 100% of the materials under the edge of the roof? i. If no, is the inspector allowed to inspect in a representative manner? A: Section 535.228(e)(3)(B)(iii) of the Standards of Practice requires inspectors to report as deficient deficiencies in flashing details. Drip and rake edge flashing materials are recommended by most shingle manufacturers but are not required. If installed and if visible, the installation described in your question is required to be reported as a deficiency. However, the inspector is not required to inspect every inch of the material under the roof and may “spot check” for this condition. Q: 1. Is the absence of weather-strip on the door a required reporting deficiency? 2. Is the absence of combustion air in the bottom of the closet a required reporting deficiency? 3. Is a screen combustion air opening a required reporting deficiency? 4. Is the proximity of the return to the gas fired appliances a required reporting deficiency? A: Section 535.230(a)(4)(E)(1) of the Standards of Practice requires inspectors to report as deficient, in gas HVAC units, deficiencies in conditioned, combustion, and dilution air. None of the issues you listed would necessarily be required to be reported as deficiencies; this determination depends on several factors, such as the design of the system. Q: Is a starter course tab that is not sealed material, deficient and a required reporting item per TREC?  17 A: We assume you are referring to composition shingle roofing. Section 535.228(e)(3)(B)(i) of the Standards of Practice do require inspectors to report as a deficiency a starter course tab that is not sealed material. However, it is important to keep in mind that fastening of shingles is required to be checked by random sampling, so this condition is only required to be reported as identified though such sampling. Q: 1. Is the inspector required to inspect to manufacturer requirements, specifications or instructions? 2. What is the definition of an “accepted industry practice”? 3. Is the inspector required by the SoP to be knowledgeable of local requirements? 4. Is the inspector required to move items such as personal items, furnishings, decorative items, stored items, floor or wall coverings, ceiling tiles, window coverings, equipment, plants, ice, snow, water, soil, landscaping materials, foliage or pets to gain access? 5. Is the inspector required to inspect to trade or industry association standards? For example, ASTM, UL or ARMA? A: 1. Pursuant to Section 535.227(b)(3)(C)(i) of the Standards of Practice, inspectors are not required to report manufacturer requirements except as specifically required by the Standards. Section 535.227(b)(3)(H) further provides that inspectors are not required to review installation instructions. 2. The definition of “accepted industry practice” is situation-specific and may depend on the context in which the question is being asked. We are unable to provide a general definition. 3. Pursuant to Section 535.227(b)(3)(C)(i), inspectors are not required to determine code compliance, utility sources, or regulatory requirements except as specifically required by the standards. 4. Inspectors are required to inspect accessible systems and components. Section 535.227(a)(1) defines accessible as “in the reasonable judgment of the inspector, capable of being approached, entered, or viewed without undue hazard to the inspector; moving furnishings or large, heavy, or fragile objects;…” Accordingly, the determination of whether the items you have listed must be moved for the inspection may depend on whether they pose a hazard to the inspector or are large, heavy, or fragile and must be made on a case-by-case basis. Inspectors are expected to use reasonable judgment in making this determination. 5. Inspectors are not required to inspect to trade or industry association standards. However, an inspector who advertises or represents that he or she will inspect to a higher standard could be subject to disciplinary action for failure to do so. Q: How shall an inspector ascertain with any degree of accuracy if the fire separation between a residence and its attached garage is in place? A: The Standards of Practice require inspectors to perform a visual inspection. If it is not visibly apparent whether proper fire separation is present, the inspector must make clear to the client that he or she was not able to ascertain whether proper fire separation was in place. Q: The Standards state in the foundation section: (3) generally report present and visible indications used to render the opinion of adverse performance, such as: 1. Does the SoP wording above serve to provide a basis for the opinion of adverse foundation performance?  18 2. Is the inspector required to provide a basis for their opinion anywhere else in the Standards other than the foundation section? A: Section 535.227(a)(8) of the Standards of Practice defines “report” as “to provide the inspector’s opinions and findings on the standard inspection report form.” Most sections of the Standards require inspectors to inspect the system or component and report certain observations. Inspectors are not required to report the basis for their opinions or findings unless the specific provision (such as Section 535.228(a)(3)) requires reporting of this information. Q: Is the presence of carpet on an attached garage floor deficient and a required reporting item per TREC? A: The presence of carpet in a garage is not required to be reported as a deficiency. Q: Is a keyed deadbolt on the interior of an exterior egress door deficient and a required reporting item per TREC? A: The Standards of Practice do not require double-cylinder deadbolts to be reported as deficient unless such a deadbolt would impede functional emergency escape from a sleeping room. Q: Is a handrail that is not continuous deficient and a required reporting item per TREC? A: Section 535.228(o)(2) of the Standards of Practice requires inspectors to report deficiencies in steps, stairways, landings, guardrails, and handrails as deficient. In some circumstances, a break in a handrail would be considered a deficiency; however, this would depend on the specific design of a particular set of stairs (e.g., a landing in the middle of a flight of stairs would not be considered deficient simply because it lacked a continuous handrail). Q: Is a pull down stair in an attached garage that is not fire rated deficient and a required reporting item per TREC? A: No. However, a fire separation must be continuous to be effective. It is left to the inspector to determine if the pull down ladder is part of the fire separation system or if another means of separation exists. Q: Is the absence of gutters a defect and required reporting item per TREC? A: No. Unless specifically indicated otherwise, the Standards of Practice only address items that are present at the time of the inspection. If gutters are present, they are required to be inspected under §535.228(c)(4). Q: 1. Is wrinkled loose carpet a defect and required reporting item per TREC? It is considered a trip hazard. 2. Presuming an upstairs floor or the ceiling below does not exhibit obvious evidence of failure, is a squeaky floor a defect and required reporting item per TREC? A: Section 535.228(j)(1) of the Standards of Practice states that inspectors are not required to report cosmetic damage or the condition of floor, wall, or ceiling coverings. Neither loose carpet  19 nor floor squeaks, without further evidence of deficient conditions, is required to be reported as deficient. Q: 1. What level of precision is expected for the “approximation” of average insulation depth? 2. Would TREC consider all of these examples to be acceptable reporting methods to meet the SOP requirements? (a) About 6 inches (b) Approximately 4 to 8 inches (c) Varies from 4 to 10 inches (d) 8-10 inches (e) 4 ½ to 12 ½ inches A: Section 535.228(g)(1)(B) requires inspectors to report “the presence of an approximate average depth of attic insulation and thickness of vertical insulation, when visible.” We are unable to prescribe a certain "level of precision” that would satisfy this requirement; any of the examples you presented would satisfy the requirement to report the depth of insulation, as long as they accurately reflect the conditions. 3. Structural Systems Exclusions As mentioned previously, because an item is listed in the exclusions does not mean that the inspector cannot report on the item. For instance, the inspector is not required to identify specific locations of exterior and interior glazing damage. That is one of the specific exclusions under the structural standards. Nevertheless, if an inspector prefers to identify specific locations of damaged windows in the home, such as suggesting “the left first floor rear window is cracked“, as a courtesy or supplemental service to their clients, they could voluntarily include that in their report despite the fact that they are not required to because it is an exclusion. 535.228 Standards of Practice: Minimum Inspection Requirements for Structural Systems (a) Foundations. (2) The inspector is not required to: (A) enter a crawl space or any area where headroom is less than 18 inches or the access opening is less than 24 inches wide and 18 inches high; (B) provide an exhaustive list of indicators of possible adverse performance; or (C) inspect retaining walls not related to foundation performance. (b) Grading and drainage. (2) The inspector is not required to: (A) inspect flatwork or detention/retention ponds (except as related to slope and drainage); (B) determine area hydrology or the presence of underground water; or (C) determine the efficiency or performance of underground or surface drainage systems. (c) Roof covering materials. (2) The inspector is not required to: (A) inspect the roof from the roof level if, in the inspector's reasonable judgment: (i) the inspector cannot safely reach or stay on the roof; or (ii) significant damage to the roof covering materials may result from walking on the roof;  20 (B) determine: (i) the remaining life expectancy of the roof covering; or (ii) the number of layers of roof covering material; (C) identify latent hail damage; (D) exhaustively examine all fasteners and adhesion, or (E) provide an exhaustive list of locations of deficiencies and water penetrations. (d) Roof structures and attics. (2) The inspector is not required to: (A) enter attics or unfinished spaces where openings are less than 22 inches by 30 inches or headroom is less than 30 inches; (B) operate powered ventilators; or (C) provide an exhaustive list of locations of deficiencies and water penetrations. (e) Interior walls, ceilings, floors, and doors. (2) The inspector is not required to: (A) report cosmetic damage or the condition of floor, wall, or ceiling coverings; paints, stains, or other surface coatings; cabinets; or countertops, or (B) provide an exhaustive list of locations of deficiencies and water penetrations. (f) Exterior walls, doors, and windows. (2) The inspector is not required to: (A) report the condition of awnings, blinds, shutters, security devices, or other non-structural systems; (B) determine the cosmetic condition of paints, stains, or other surface coatings; (C) operate a lock if the key is not available; or (D) provide an exhaustive list of locations of deficiencies and water penetrations. (g) Exterior and interior glazing. (2) The inspector is not required to: (A) exhaustively inspect insulated windows for evidence of broken seals; (B) exhaustively inspect glazing for identifying labels; or (C) identify specific locations of damage. (h) Interior and exterior stairways. (2) The inspector is not required to exhaustively measure every stairway component.. (i) Fireplaces and chimneys. (2) The inspector is not required to: (A) verify the integrity of the flue; (B) perform a chimney smoke test; or (C) determine the adequacy of the draft.  21 (j) Porches, Balconies, Decks, and Carports. (2) The inspector is not required to: (A) exhaustively measure every porch, balcony, deck, or attached carport components; or (B) enter any area where headroom is less than 18 inches or the access opening is less than 24 inches wide and 18 inches high