**[FONT=Arial]From:[size=3] Devon Bijansky [DevonB@trec.state.tx.us]
Sent: Tuesday, November 13, 2007 7:17 AM
Subject: RE: Issue with Home Tune-Up and TREC regulations
I apologize for my delay in responding. I was unexpectedly out of the office yesterday.
As a licensed professional inspector, any sort of inspection or property condition consultation performed for a buyer or seller is considered an “inspection” if you are providing a written or oral opinion as to the condition of improvements to real property, regardless of what you call it. Therefore, any such service is subject to Chapter 1102 of the Texas Occupations Code and the TREC Rules.
Inspections of one-to-four-family residential property (for a buyer or seller) must be reported on the TREC REI 7A-0 form, even if you do not intend to do a “typical” Standards of Practice inspection. (As you know, there is no required form for other types of properties.) However, that does not mean that you must always provide the full Standards of Practice-type service every time someone wants to hire you to provide energy efficiency inspection services. Section 535.227©(2)-(4) of the TREC Rules (the departure provision) clarifies that you may provide a more specific type of inspection by agreement with your client. By agreement with your client, you may depart from the Standards of Practice in full. However, there is no provision for “departing” from the standard form, so the REI 7A-0 must still be used even if you depart wholly from the Standards of Practice. It would be fine to note in the Additional Information section of the standard form that the energy audit is a part of that report but in a separate computer file.
Please feel free to forward this information to anyone else who may find it helpful.
Devon V. Bijansky
fax (512) 465-3962
From: escanlan [mailto:email@example.com]
Sent: Monday, November 12, 2007 6:31 PM
To: ‘Devon Bijansky’
Subject: FW: Issue with Home Tune-Up and TREC regulations[/FONT]
I emailed last week regarding the addition of a second report to my inspection services. Attached below is the response I have received from Kaplan schools regarding my inquiry to them, and CMC Energy the parent company of this project. As you can see the Kaplan response is to email two separate reports when the electronic report delivery method is used. Since the CMC Energy report is in .pdf format it is not possible to append it in many software packages, nor Microsoft Word based REI-7A-0 format.
Your response to me seemed quite clear but possibly I have misunderstood and would like to clarify with an additional question. As I understood your response the intent was that the CMC Energy, Home Tune-Up report was to be appended to the TREC REI-7A-0 report with the concept of preventing the reports from being separated in any way. In other words, wherever the CMC Energy report went the TREC REI-7A-0 report would also go. Would it be amenable to TREC, and the regulations, to annotate the REI-7A-0 “Additional Comments” section to indicate that the Home Tune-Up report is part of the REI-7A-0 report but in a separate file attachment in the email that also contains the REI-7A-0 electronic report?
One last question regarding the scenario where the Inspector does not perform the home inspection but does perform the Home Tune-Up audit. At one time the minimum required reporting was the I. Structural Systems, A. Foundations section, with a statement making the opinion of the foundation performance as mandatory. Other than the REI-7A-0 form, the TAC leaves the impression that now any and all sections of this report can be disclaimed if the client agrees to this. Is this a correct interpretation that any and all sections can be disclaimed now?
Emmanuel J. Scanlan[/size][/size]
PS Inspection & Property Services LLC
TREC License # 7593 & #8950