Archive for August, 2020

Your TREC Inspector Does Not Know The Building Code

Aug 28, 20 • News

The Texas Real Estate Commission (TREC) licenses home inspectors and publishes their standards of practice. In this SOP it states clearly that the inspector is not required to know the building codes, manufacturer’s or any other regulatory requirements. See for yourself:


Chapter 535 General Provisions

Subchapter R. Real Estate Inspectors

§535.227-§535.233. Standards of Practice

Paragraph 535.227

(b) Scope

(3) The inspector is not required to:

(C) determine:

(I) insurability, warrantability, suitability, adequacy, compatibility, capacity, reliability, marketability, operating costs, recalls, counterfeit products, product lawsuits, life expectancy, age, energy efficiency, vapor barriers, thermostatic performance, compliance with any code, listing, testing or protocol authority, utility sources, or manufacturer or regulatory requirements except as specifically required by these standards;


Wow. So how is it then that these inspectors are allowed to inspect new houses under construction or even in their final stage? Politics. The Texas builders’ lobby d.b.a. the Texas Homebuilders Association. This group has fought and won the battle to exclude any sort of governmental oversight of home builders since 1944. When third-party inspections of their new houses began during the late 90’s, they arranged with the TREC to allow their inspectors to inspect new houses both during construction and at the final stages.


The idea was sound, from the builders’ prospective. Arrange for unqualified inspectors with no knowledge of the building codes to bless their houses and dupe the home buyers. It was and is disastrous for unsuspecting home buyers. They move forward with the purchase of their new homes with the false confidence instilled in them by an inspection report written by an inspector with no knowledge of the building process or the codes governing it.


How does this directly affect you? Well, other than just the fact that your house will not be built to the minimal standards set forth in the requisite building codes, you will also have a big surprise when you find the need to invoke your builder’s warranty. Almost without exception, the builder warranties exclude any issues that were not code compliant at the time of construction.


One might think that, if the inspector SOP were artfully crafted, this might not be an issue. It is not. The technical provisions of the SOP consist of about 17 pages of poorly-conceived, often anecdotal, delusional meanderings intended to do nothing more than protect the brokers, agents, and inspectors. They provide zero protection for purchasers of newly-constructed homes.


One might also assume that, though the SOP is found technically wanting, inspectors certainly would be required to gain additional knowledge not required by the TREC. Most do not. Many claim to. There is only one method of proving one’s knowledge of the codes and that is through code certification.


The International Code Council (ICC) authors all of the building codes in 49 states and a few foreign countries. This organization provides both training and rigorous examinations for those desiring to prove their knowledge of the codes regulating the construction of houses. Four separate exams lead to a Residential Combination Inspector certification or ICC R-5. If your inspector does not have these credentials he is not qualified to inspect your new home, or any other home for that matter.


Let’s do a straight up comparison of the volume of information needed to obtain a TREC license vs. an ICC R-5 certification. I already mentioned that the TREC SOP consists of 17 pages of mumbo jumbo. I’ll be generous and include two volumes that are often used during the training or TREC inspectors. The Principles of Home Inspection Systems and Standards 3rd Edition is a 1086-page tome used by many of the training schools. Add to that the National Home Inspector Examination Home Inspection Manual which weighs in at 659 pages. We now have a total of 1762 pages of required knowledge to obtain and maintain a TREC inspector license.


If your inspector is ICC-certified the volume of information required to have been mastered grows exponentially. One must peruse and fully understand the International Residential Code (IRC) at 2903 pages and the National Electrical Code (NEC) 1371 pages. What’s more, the IRC, in Chapter 44, lists an additional 26 pages of referenced standards that are, by reference, an integral part of this code. Likewise, the NEC lists pages of referenced standards that are to be treated as a part of that code. All of the pages of reference standards add roughly an additional 1500 pages of information.


Further, the IRC often defers to the International Building Code (IBC), for some items in the IRC such as slab-on-ground foundations in expansive soils, et al. The IBC adds yet another 2908 pages to the mix. Then there is the International Energy Conservation Code (IECC), the International Fuel Gas Code (IFGC), the National Fire Protection Association’s various publications pertaining to natural gas, propane gas, fire safety, smoke alarms, et al.


OK, enough. Perhaps you get the picture. The basic TREC inspector might know about 1762 pages of information while the ICC-certified inspector must know at least 10,444 pages of info. That, of course is not all-inclusive. Materials and equipment manufacturers’ installation instructions, Consumer Products Safety Commission requirements, . . . etc. ad infinitum, must be in the inspector’s wheelhouse if he or she is to steer your new house safely to the point of occupancy. Contrast this with the current number of pages in the Internal Revenue Service rules at less than 3000 pages.


What if your inspector claims to be so certified? It is easy to verify by using this link: .


Yet another ploy you should be aware of is the multi-inspector firm whose principal may indeed be ICC-certified, but is not actively involved in the inspections performed by his company. He uses the certification to lure customers in and then sends out his uncertified lackeys to inspect your house. Cheesy, but common.


Another thing that might interest you is that HUD requires an ICC R-5 certified inspector to perform inspections on all FHA and VA loans for new construction.


So, if you are in the market to purchase a new home, hire only a qualified inspector who is ICC R-5 certified, or roll the dice on the other guy. It’s your money.