The older inspectors remember when the TREC SoP was originally based on the CABO as the CABO - One and Two-family is what was used by HUD, etc. at that time. Residential construction was based on CABO (see the Appendix of any SBCCI issue and others). Every standard has to be based on something. It can’t be based on non-founded opinions of those issued a business license by a state who may have been flipping hamburgers 180-days ago.
Fast forward -
**Texas Real Estate Commission Chapter 535, General Provisions
Rules Adopted at the October 27, 2008 Meeting
Subchapter R. Real Estate Inspectors 22 TAC 535.227 - 535.233**
Second column third paragraph … and I quote
“The reasoned justifications or the new sections is increased clarity for inspectors and consumers alike regarding what a home inspector is and is not required to inspect, as well as standards that more accurately reflect current technology, codes, and practices that form the basis of many of the standards.”
I think a 5 year old would understand that.
Mr. Miller’s post (above) appears to be correct in many ways to which I’m in agreement with. Those that are code certified are fairly versed in the scope, purpose and reasons for codes and standards and are more readily able to detect deficiencies. A code is a minimum safety standard so a violation of the code may violate safety in many way. Just because you wrote it in an inspection really doesn’t mean anything unless you can supply documentation supporting your opinion.
If one were to look at the definition of codes and standards and then the law
they are one in the same. TREC deserves some credit here and not a bashing.
Codes, standards and laws are based on something. The TREC SoP is a law, standard and a code at the same time as there is not much difference in the fact that when an authority having jurisdiction adopts a standard or a code it becomes law. .
TREC is not the evil empire here. The Inspection SoP was written many years ago with input from inspectors, industry and the public. Along the way each of us has had the opportunity to make suggestions or changes before the Commission. If one doesn’t like the SoP then go back to flipping burgers because you might not be serving the public as your TREC business license requires you to do. It’s much easier to sit back and complain than to contribute. The Inspection SoP is nothing new. Be glad we have a state standard which establishes a minimum and thank all the people that made it happen. Without a standard inspectors would be mired in lawsuits with baseless, unfounded opinions.
Home inspectors generally can’t agree on anything and that is why they will always have a mother ship, such as TREC, to look over them.
The licensee from Spring was not fined $2,000.00 for failing to report unsafe access which is a standards of practice violation (and yes, a code violation). Importantly, he was using a inspection business name not registered with TREC. Try that with the IRS and see what happens.*
If someone has not been following the TREC SoP don’t blast the system if one gets caught. Man up to it and accept responsibility. It’s never too late to follow the TREC SoP no matter what business model one follows.Ignorance of the SoP is no excuse. Failing to follow the SoP is intentional and negligent.
If you take the TPREIA class (Attic Inspection) you will learn what safe attic access is among other things along with a short history of the codes to avoid some of those penalties.
Further, taking from the TREC Advisor Vol. 5, No.1, 1994 - “It should be understood that the state standards of practice establishes at a minimum what an inspector shall inspect and report, but does not limit what the inspector can inspect for.
Although some requirements have changed from time to time and may vary from community to community, the standards of practice are not intended to direct local code jurisdictions as to what they can and cannot do, but rather are statewide requirements for all inspections being performed to determine the “condition of real property…for a buyer or a seller of real property”. In other words, it does not matter to the inspector what the requirements of the local jurisdictions are, but what the requirements of the standards of practice are for any given item as determined by the inspector, including the “existing or recognized hazards”.
That was 18 years ago, still applies and written far earlier than the majority of licensees have been in business.
A freshly minted licensed inspector (as we all were at some time) can certainly be an amusement. The chest beating glory of being a “real estate inspector” like it means something with a self-inflicted ego unknowingly awaits his or her turn of being shot down. The expectation of rewards without the hardship of learning or maturity is quite visible in some as they embarrass themselves in public after they vomit out some unintelligible comment. The house has not fallen down so it must be ok is a performance based inspection. That’s not the inspection I would want if it were my home.