Aaron, I hear what you are saying, but that is not what you said previously.
Regardless which state you hail from, if you intend to conduct new construction inspections it is critical that you get certified through ICC. In Texas an ICC R-5 Residential Combination Inspector Certificate is required in order to conduct these inspections.
No offense intended, but your opinion or that of your lawyer for that matter does not carry the weight of law. I realize you have your opinions and are free to share them with anyone, in fact, I want to hear them. I am just trying to separate opinion from fact.
The facts (as I have been able to determine so far) say that new construction inspections are still under the regulation of TREC unless that person is a municipal inspector, etc.
If I hold myself out to be a real estate inspector, then any inspection that I perform falls under their regulatory control.
The misconception that TREC exempts new construction may stem from incorrect reading of the attached, which only pertains to the form used, not the inspection process. I myself held that veiw until recently when re-reading the rules.
But, suffice it to say that TREC specifically exempts new construction inspections from their oversight.
(f) This section does not apply to quality control construction inspections of new homes, including phased construction inspections, inspections performed solely to determine compliance with building codes, warranty or underwriting requirements, or inspections required by a municipality and the builder requires use of a different report, and the first page of the report contains a notice either in bold or underlined reading substantially similar to the following: "This report was prepared for a builder or builder's employee in accordance with the builder's requirements. The report is not intended as a substitute for an inspection of the property by an inspector of the buyer's choice. Standard inspections performed by a Texas Real Estate Commission licensee and reported on Texas Real Estate Commission promulgated report forms may contain additional information a buyer should consider in making a decision to purchase." If a report form required for use by the builder or builder's employee does not contain the notice, the inspector may attach the notice to the first page of the report at the time the report is prepared by the inspector. If the inspector attaches the notice, the inspector is not required to use a form adopted by the commission to report the inspection.
Also, TRCC now by statute specifically accepts TREC licensed inspectors for phased inspection of new or remodel construction.
Now if I want to work for TRCC in their dispute resolution program, then they require the higher level of certification that you alluded to.
Again, the validity and value of ICC certification is not my issue here, just the specifics of the law here in TX.