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[#1] Posted: Apr 02 2010 - 07:26:41 AM |  |  |
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April 2, 2010
In a March 22nd letter to the Texas Real Estate Commission (TREC), the Building Officials Association of Texas (BOAT) has asked TREC to repeal certain portions of the Texas standard of practice used by home inspectors.
The letter written by Jim Olk, past president of BOAT, states,
"The main emphasis of our concern stems from the TREC’s SOPs requiring a real estate inspector report that certain items in an existing building are “deficient” if they are not in conformance with minimum standards that were not in existence at the time the structure was erected and in conflict with construction code adopted by the State of Texas."
The Texas SOP specifically requires a home inspector to report as deficient any older home with a service panel located in a hazardous location such as a closet, the lack of a main disconnect, the lack of arc-fault interrupter devices serving family rooms, dining rooms, living rooms, etc., and the lack of ground fault interrupter devices in locations where they are required today.
Olk goes on to write,
"Over the years provisions such as prohibiting and electrical panels in a clothes closet the requirement for AFCIs, and GFCIs have changed. Electrical panels were deemed safe to be installed clothes closets until the 1984 edition of the NEC. AFCIs were not required prior to the 1999 NEC and then they were only required in bedrooms until the 2008 NEC. Provisions for GFCIs started in 1971 and have changed just about every code cycle up to and through the 2005 edition of the NEC.
Requiring that a real estate inspector determine that a home electrical systems performance will be materially affected or that it is hazardous to life, limb or property by stating that it is “deficient” because it does not meet a newer standard is simply not true and is in direct conflict with the construction codes adopted by the State of Texas."
As basis for his argument, Olk cites provisions of the IRC and the NEC.
"In the IRC, Section R102.7 states, “The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code (IPMC) or the International Fire Code (IFC) or as is deemed necessary by the building official for the general safety and welfare of the occupant and the public.”
In the IPC, Section 102.3 states, “ All plumbing systems, materials and appurtenances, both existing and new, and all parts thereof shall be maintained in proper operating condition in accordance with the original design in a safe and sanitary condition. All devices or safeguards required by this code shall be maintained in compliance with the code edition under which they were installed.”
In the NEC, Section 80.11 (B) states, “Existing buildings that are occupied at the time of adoption of this Code shall be permitted to remain in use provide the following conditions apply:
(1) The occupancy classification remains unchanged.
(2) There exists no condition deemed hazardous to life or property that
would constitute an imminent danger.”
BOAT's other objection deals with §535.233 of the TREC SOP for optional systems that requires inspectors to "test gas lines using a local or an industry-accepted procedure." Olk states,
"The only procedure that is recognized by the plumbing codes adopted by the State of Texas for testing a gas system is a pressure test with a manometer or other pressure measuring device. This test requires that the gas be shut off to the building and that a portion of the gas piping be disassembled to install the pressure measuring device. This work is considered “plumbing” by Section §1301.002 of the Plumbing License Law and should be performed by a licensed plumber or a person exempt from that portion of the Plumbing License Law. Based on Section §1301.052 of the plumbing license law, real estate inspectors are not exempt from the Plumbing License Law and cannot perform plumbing."
Olk closed by offering BOAT's assistance to TREC and said that BOAT is willing to establish a committee of certified and licensed code professionals to review the SOPs and provide a report to TREC on discrepancies between the SOPs and the construction codes used in the State of Texas.
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Spring Hill (Nashville area), Tennessee
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Texas Building Officials Object to Texas SOP
[#2] Posted: Apr 02 2010 - 07:51:33 AM | | |
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This Olk feller has a pretty good point.
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Scott Patterson
http://www.traceinspections.com
"Minds are like parachutes they only function when open"
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Dallas Home Inspector, TX
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Texas Building Officials Object to Texas SOP
[#3] Posted: Apr 02 2010 - 6:16:38 PM | | |
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It appears the "stir" has only just begun in Texas with TREC and the inspector's community.
Here is the link to a website that a long-time, well-respected Texas inspector (formerly on the TREC Inspector's Committee) has put together in an effort to formally address the many variances in our massive SOP.
SOP - RFI "Standards of Practice - Request for Interpretation"
John Cahill is the author of the site and is doing yoeman's work in keeping all in order.
There has recently been an "Inspector's Summit" meeting called by TREC at a neutral location. Invited were representatives from all the organizations that represent Texas TREC HIs as well as some independents. You can read some of the documentation at the SOP-RFI and see all the organizations represented.
To say the least representation overall is fractured. Well over 50% of all Texas TREC inspectors are not part of any organization. That is not an issue from my perspective.
Then there are the many organizations and trying to get each/all of them on a "similar" song-sheet is the challenge. That is what is being attempted via the "Inspector Summit".
Currently the Texas TREC HIs have virtually no visible voice in Texas with the legislature and even in most cases with our licensing agency: TREC.
TREC is a "real estate" focused organization and the HI community is just under their control.
I encourage all licensed Texas TREC inspectors for visit the SOP-RFI site and review the documents and strive to understand and educate yourself with respect to the data provided and the potential ramifications.
No one needs to join any organization ... just be aware of what is going on and fully grasp the potential.
I know that many Texas TREC inspectors are not inspecting to the current SOP and in some cases not even using the current required report template. That alone speaks volumes to me about how serious one is with respect to his/her profession.
Following every jot/tittle of the Texas TREC SOP can easily drive you to a 4-8 hour inspection of a 2000-3000 s.f. property (slab foundation). Douglas Hansen has reviewed our electrical portion of the SOP and commented that it could easily take up to two+ days just for the electrical inspection ... IF you follow the SOP to the 'nth' degree. Food for thought!!
Some of you may also be aware that there has been and is currently under development an additional document to the huge Texas TREC SOP (from what I understand ... exceeds in scope any HI SOP with any organization or state) ... a "Commentary" on the SOP.
In of itself a "commentary" is an OK thing to help put into "plain English" items from the SOP. Obviously similar to the IRC or NEC and related "commentaries".
However, TREC Legal wants to make the "Commentary" a part of the "TREC Rules" where it can be enforced just like the SOP.
This is the scary part as some of the draft commentary is in conflict with the already approved SOP. Ergo ... the concern about the end result and future.
I've gone on too long, but wanted to share some of the headaches and adventures we have facing the inspector's community in Texas.
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Cheers,
Nolan E. Kienitz
Nolan's Inspections, LLC
Dallas Home Inspections
http://www.NolansInspections.com
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Lafayette, Louisiana
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Texas Building Officials Object to Texas SOP
[#4] Posted: Apr 02 2010 - 6:48:00 PM | | |
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I can't say that I'm surprised, given that realtors control the Texas HI SOP. It seems to me now that at least two states (mine and yours) have inherent 'conflicts of interests' built into state law.
Marc
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Dallas Home Inspector, TX
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Texas Building Officials Object to Texas SOP
[#6] Posted: Apr 12 2010 - 05:25:59 AM | | |
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Sounds like it's time for a Coup.
Tom
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Texas Building Officials Object to Texas SOP
[#7] Posted: Apr 12 2010 - 07:23:50 AM | | |
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I agree with Olk too; although I wish he'd had his 5th grade teacher review the letter and make some corrections before he'd sent it. She probably would have slapped his hand with a ruler over his use of Council when he meant Counsel.
We struggled with this kind of stuff too when we put together the SOP here. In the end, we addressed it in the sections where it gets encountered instead of trying to do a catch-all. For instance, in our electrical section we state that:
The inspector will:
(d) Report, if present, solid conductor aluminum branch circuits. Include a statement in the report that solid conductor aluminum wiring may be hazardous and a licensed electrician should inspect the system to ensure it's safe.
(e) Verify
(iii) Ground fault circuit interrupter (GFCI) protection and arc-fault circuit interrupter (AFCI) protection where required.
(f) Report the location of any inoperative or missing GFCI and/or AFCI devices when they are recommended by industry standards.
(g) Advise clients that homes without ground fault protection should have GFCI devices installed where recommended by industry standards.
Bottom line - verify that they are there if they were required when the house was built and if they are missing report it; and, if they are not there and the home predates the requirement to advise the client that it would be a good idea to get them installed.
An example might be a 1988 home which has GFCIs present at the exterior, garage, bathroom circuits, but only within six feet of the kitchen sink. The inspector would verify that the existing devices are functioning and would report it as a deficiency if he discovered, for instance, that the GFCI protection for the exterior circuit was missing or wasn't functional; but would only advise the client that he or she should have additional GFCI protection added in the kitchen, so that every receptacle that serves the kitchen counter is protected, as required since 1996 by the industry.
Sort of like:
Ground fault protection needs correction: The ground fault circuit interrupter (GFCI) that protects the exterior receptacles is not functioning properly. Have a licensed electrician make repairs as necessary.
Ground fault protection recommended: Not all of the kitchen countertop receptacles are protected by GFCI devices. When this home was built, only those receptacles that served the kitchen countertop within six feet of the kitchen sink had to have GFCI protection; however, since 1996 GFCI protection has been required at every receptacle serving the kitchen countertop. Though it's not required, as a safety upgrade it would be prudent to add GFCI protection now to all kitchen countertop receptacles.
ONE TEAM - ONE FIGHT!!!
Mike
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Texas Building Officials Object to Texas SOP
[#8] Posted: Apr 12 2010 - 08:46:33 AM | | |
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Conflict is bound to result when two different types of inspections with different criteria, both done on dwellings, used the same terms.
It's more a battle over terminology than anything else.
Just my opinion, is all.
Marc
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"If Guam gets too overpopulated, it might tip over."
Congressman Hank Johnson (D) GA |
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Texas Building Officials Object to Texas SOP
