Introduction form West Texas - InspectionNews

Curtis Stewart · #1 (**permalink**) 12-29-2007, 03:07 PM

Hello to the forum.
My line of work is inspection of aboveground storage tanks for petroleum and oil products. There is SPCC requirements for inspection of these structure and piping. I have been approached by a customer who deals in bulk fuels storage facilities about inspecting the offices and buildings in the bulk fuels facilities and convenience stores. In the reading I have done so far most of the people on this forum are home inspectors and that is not where I would like to go.
I see this as a nice addition to my business as I have looked at two facilities in the last month where the offices were part of the deal and I could have done inspections on the buildings. Don't get me wrong. I have minimal knowledge in commercial building inspection but I do understand electrical, plumbing, HVAC, concrete and foundations for structures. I look forward to learning from the members and maybe passing along some of what I learn or know.

Billy Stephens · #2 (**permalink**) 12-29-2007, 09:12 PM

Curtis,

Howdy West Texas,

Aaron Miller · #3 (**permalink**) 12-30-2007, 06:37 AM

Curtis:

Welcome.

Aaron

Jerry Peck · #4 (**permalink**) 12-30-2007, 02:30 PM

Been waiting for you Texas boys to respond ... does 'real estate' in Texas include 'only' "residential", or "all" 'real estate'?

I.e., can you do commercial real estate inspections without being a licensed real estate inspector?

Jim Luttrall · #5 (**permalink**) 12-30-2007, 03:14 PM

There is no statute regarding licensing of inspectors beyond 4 family units (i.e. 4-plex) So commercial, larger multi-family, retail, etc. is outside the scope of the TREC licensing reach. I inspect beyond the scope of TREC, but there is no law saying I would have to be licensed for that.

Jerry Peck · #6 (**permalink**) 12-30-2007, 07:35 PM

Quote:

Originally Posted by Jim Luttrall

There is no statute regarding licensing of inspectors beyond 4 family units (i.e. 4-plex) So commercial, larger multi-family, retail, etc. is outside the scope of the TREC licensing reach.

That would include condos. So any inspector "specializing" in condos would not need to be TREC licensed. Interesting.

Billy Stephens · #7 (**permalink**) 12-30-2007, 07:58 PM

Quote:

Originally Posted by Jim Luttrall

There is no statute regarding licensing of inspectors beyond 4 family units (i.e. 4-plex) So commercial, larger multi-family, retail, etc. is outside the scope of the TREC licensing reach. I inspect beyond the scope of TREC, but there is no law saying I would have to be licensed for that.

Quote:

Originally Posted by Jerry Peck

That would include condos. So any inspector "specializing" in condos would not need to be TREC licensed. Interesting.

Ditto Tennessee,

Jim Luttrall · #8 (**permalink**) 12-30-2007, 08:45 PM

Condos are not a very big part of the pie here in North Texas, but down on the coast it may be possible. I have never really given it any consideration since it would not be a business model possibility for me personally. I am sure condos would be a gray area for TREC, so some research into the specifics would be in order before pursuing that.
The law appears to be silent, but the FAQ from the TREC web site seems to assume that the SOP would apply on commercial inspections performed by a TREC inspector. So maybe I spoke out of turn.

Quote:

Q. If a licensed professional inspector is conducting a commercial inspection, is he or she required to use the inspection report form promulgated by TREC? Do the Standards of Practice apply?

A. A licensed TREC inspector is not required to use the promulgated form when inspecting property other than one to four family residential. A TREC licensed inspector may perform inspections on commercial property, as long as no other laws prohibit the inspector from doing so (please check with the Texas Board of Professional Engineering to determine when a Professional Engineer license is required). Yes, the Standards of Practice would apply to commercial property inspections to the extent that they apply.

Quote:

RULE §535.223Standard Inspection Report Forms(a) The Texas Real Estate Commission adopts by reference Property Inspection Report, REI 7A-0, approved by the Texas Real Estate Commission in 1998 and published and available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
(b) Except as provided by this section, inspections performed for a prospective buyer or prospective seller of one-to-four family residential property must be reported on Form REI 7A-0 ("the form").

Rick Hurst · #9 (**permalink**) 12-30-2007, 08:48 PM

Howdy West Texas from East Texas

We are both blessed?

rick

Jim Luttrall · #10 (**permalink**) 12-30-2007, 09:07 PM

Quote:

§ 1102.407. CRIMINAL PENALTY FOR PRACTICING WITHOUT
LICENSE. (a) A person commits an offense if the person does not
hold a license under this chapter and knowingly engages in the
business of real estate inspecting, including performing an
inspection while the person's license is revoked or suspended.
(b) An offense under this section is a Class A misdemeanor.

Quote:

(8) "Professional inspector" means a person who
represents to the public that the person is trained and qualified to
perform a real estate inspection and who accepts employment to
perform a real estate inspection for a buyer or seller of real
property.
(9) "Real estate inspection" means a written or oral
opinion as to the condition of the improvements to real property,
including structural items, electrical items, mechanical systems,
plumbing systems, or equipment.

Upon further research, the only limit on the TREC licensing appears to be that the "Form" is not required on properties other than 1-4 unit dwellings.

So Jerry, I was wrong. TREC jurisdiction seems to apply to all real estate inspections in connection with the sale of a property.

Billy Stephens · #11 (**permalink**) 12-30-2007, 09:45 PM

Jim's post had we revisit TN requirements and it has for private residence language.

I would not want to push the point of 1 to 4 if the building had more than 4.

Jerry Peck · #12 (**permalink**) 12-31-2007, 06:33 AM

Quote:

Originally Posted by Billy Stephens

Jim's post had we revisit TN requirements and it has for private residence language.

I would not want to push the point of 1 to 4 if the building had more than 4.

Billy,

Define "private residence language"????

As stated, I would take that to mean 'single-family'? Is there a definition for the term(s) they are using defining what is included, excluded, or limited to?

Aaron Miller · #13 (**permalink**) 12-31-2007, 07:06 AM

Quote:

Originally Posted by Jerry Peck

Billy,

Define "private residence language"????

As stated, I would take that to mean 'single-family'? Is there a definition for the term(s) they are using defining what is included, excluded, or limited to?

Jerry:

I don't think that even you, the consummate man to turn a word and a phrase, would stand a snowball's chance in Hell (sorry for the religious reference - I'll do penance later by plumbing one of my left-leaning felines) of making heads or tails of the laws in the State of Texas regarding HIs - or anything else.

We have a truly peerless academic/political system here that breeds simultaneously the largest number of crooked attorneys/politicians anywhere. Combined with one of the lowest rates of successfully graduated students from the public schools - which of course breeds sheep (or maybe I should say sheep/ovejas) this makes for a very dangerous milieu.

The supremely criminal and pathological writing the laws governing the infinitely ignorant and gullible. What a place! We've sent you our brightest star - George W. Bush. You can all thank us later . . .

Or maybe not.

Aaron

Nolan Kienitz · #14 (**permalink**) 12-31-2007, 07:11 AM

General accepted commercial form/standard is: ASTM E2018-01

More to consider ....

Billy Stephens · #15 (**permalink**) 12-31-2007, 07:34 AM

Quote:

Originally Posted by Jerry Peck

Billy,

Define "private residence language"????

As stated, I would take that to mean 'single-family'? Is there a definition for the term(s) they are using defining what is included, excluded, or limited to?

.
,

Tennessee Department of Commerce & Insurance Division of Regulatory Boards

--------------------------------------------Chapter 0780-5-12-----------------------

Definitions: "Home" or" Residence"means any structure consisting of from one to four (1-4) dwelling units,intended to be or used principally for residential purpose.
.
.

Jerry Peck · #16 (**permalink**) 12-31-2007, 07:59 AM

Quote:

Originally Posted by Billy Stephens

.
,

Tennessee Department of Commerce & Insurance Division of Regulatory Boards

--------------------------------------------Chapter 0780-5-12-----------------------

Definitions: "Home" or" Residence"means any structure consisting of from one to four (1-4) dwelling units,intended to be or used principally for residential purpose.
.
.

Which means that a condo (of more than 4 units) is outside the scope of TN licensing.

Unless there is another section which would include condos.

I am inspecting some condo project which has 43 buildings, 244 units, in building in which there are 4, 6, or 8 units. In the case of the TN law, then, only the 4 unit buildings would be included within that license. Or maybe not even the two 4 unit buildings as the 'condominium' is all 244 units in all 43 buildings. Hmmmmm ....

John Arnold · #17 (**permalink**) 12-31-2007, 08:20 AM

Quote:

Originally Posted by Aaron Miller

We've sent you our brightest star - George W. Bush. You can all thank us later . . .

Aaron - I don't even think of GWB as a Texan. After all, he was born in New Haven, Connecticut with a silver spoon in his mouth. If I was a Texan, I would emphasize this point whenever possible.

Aaron Miller · #18 (**permalink**) 12-31-2007, 09:02 AM

Quote:

Originally Posted by John Arnold

Aaron - I don't even think of GWB as a Texan. After all, he was born in New Haven, Connecticut with a silver spoon in his mouth. If I was a Texan, I would emphasize this point whenever possible.

John:

I thank you kindly for that reprieve, though perhaps undeserved. He was, after all, elected (but, not by me) as governor here with pretty much the same astoundingly dismal results as we've seen in his current position, though (fortunately) on a much diminished scale.

I'm sure that Connecticut was happy to be rid of him for all of these years.

Aaron