Email from TREC in http://www.nachi.org/trecinternachi.htm
First post too complex. Simple answer following post.
I’m totally lost John. Is the email we received from TREC in conflict with your post?
Re-posting to simplify. Texas does not have WDO. They have WDI. There is a difference between the two.
If a person receives compensation for providing structural pest control services they must be licensed as a pest control provider.
If a home inspector sees a termite they can say “I see a termite and I recommend you hire a pest control company” providing they do not accept compensation for the pest control opinion. It would be prudent to document that.
Similar conflicts exist between other regulated occupations with cross over activities. For example, the Professional Engineering Board law states a person must be an engineer to provide structural advice on foundations. The TREC Real Estate Commission Rules state the home inspector must render a performance opinion about the foundation. Conflicts in licensing authority exists across many regulated professions in Texas.
The letters provided to InterNACHI by TREC and TDLR are more accurate if the the words “for compensation” are added. A regulatory agency has no authority over a non-licensed entity unless that entity accepts compensation. Following is the pest control law.
(a) In this chapter, a person is engaged in the “business of structural pest control” if the person performs, offers to perform, or advertises for or solicits the person ’s performance of any of the following services for compensation, including services performed as a part of the person ’s employment:
I would say a licensed Texas Home Inspectors should not report “I see a termite” if they are not licensed in the “Termite” category by the Texas Structural Pest Control Service. If you are not licensed as such, you are not deemed qualified to identify WDI.
Welllll OK. But can I say if I saw a rattlesnake in the closet; an active bee hive and huge honeycomb in the attic; black widow spiders under a sink; a huge squirrel nest in the attic; rats in the crawlspace; fleas in the carpet; a hornets nest in the shrubbery?
I suppose the point is “don’t say anything if you do not have to and you will not inherit the risk”.
Yes, you can say those things. Why? Because they do not fall under the “licensed category” of structural pest control for “termite”.
I don’t make the rules I just try to follow them best I can. It’s an exclusionary thing I guess. Pest control guys don’t seem to want home inspectors in their business is what I’ve always assumed. Barrier to entry and all that.
NOPE. You cannot say those things.
Sec. 1951.003. BUSINESS OF STRUCTURAL PEST CONTROL.
(a) In this chapter, a person is engaged in the “business of
structural pest control” if the person performs, offers to perform,
or advertises for or solicits the person ’s performance of any of the
following services for compensation, including services performed
as a part of the person ’s employment:
(1) identifying infestations or making inspections
for the purpose of identifying or attempting to identify
(A) arthropods, including insects, spiders,
mites, ticks, and related pests, wood-infesting organisms,
rodents, weeds, nuisance birds, and any other obnoxious or
undesirable animals that may infest households, railroad cars,
ships, docks, trucks, airplanes, or other structures or their
(B) pests or diseases of trees, shrubs, or other
plantings in a park or adjacent to a residence, business
establishment, industrial plant, institutional building, or
You are right regarding “exclusionary” objectives. Regulation is a “labor union” 100 years ago.
I would say you got me there John but I, in fact, can say those things. Being duly licensed and all.