TRCC News
New Legislation Levels the Playing Field
Heads up to the players in the residential construction game; the rules have changed. Home inspections in Texas have been enforced in municipal areas for many years but soon, independent fee inspectors will begin reviewing homes built outside the reach and view of city inspectors. By making sure builders and remodelers in a given area are held to similar standards, the new law will help level the playing field for everyone in the industry.
Beginning September 1, 2008, builders and remodelers must secure inspections on new home construction or qualified remodeling projects in unincorporated areas or in areas not subject to municipal inspections. Builders and remodelers must hire a fee inspector to conduct a foundation inspection before concrete is poured; a framing and mechanical systems inspection before wallboard is installed; and a final inspection once the home is completed. The inspections will assure consumers that they're buying a home that meets or exceeds the same home inspection standards as those built inside the city limits.
The Texas Residential Construction Commission, the agency that oversees the county inspection program, has launched a user-friendly online County Inspection Certification System (CICS) where fee inspectors register. Builders and remodelers can use the system to conveniently search for a fee inspector. To register as a fee inspector, an individual must be a licensed professional engineer, a licensed architect, a professional inspector licensed by the Texas Real Estate Commission or a Texas Residential Construction Commission registered third-party inspector.
The builder or remodeler must provide the fee inspector with a project number before an inspection can proceed. The commission will track inspections using the builder-assigned project number. The project number links the inspection to the home or project registration, identifying each home or remodel project individually. After each successful inspection, the fee inspector will submit the required information into the system.
Once the inspector submits the required information, the online system generates an email confirmation that is immediately sent to the builder or remodeler. The commission also sends a letter to the builder or remodeler with a notification that the inspection is complete. If the fee inspector does not have access to a computer, the inspector must submit a written waiver request to the commission. The commission may then provide an alternative method for reporting the inspection.
Inspectors do not pay a fee to register with the commission. There also is no fee to file the inspection information. However, if the inspector fails to confirm an inspection, the builder can be subject to administrative action, including the assessment of penalties. It is very important for builders and remodelers to communicate clearly and often with the fee inspectors who are inspecting projects.
If a fee inspector fails, or "red tags" items, the builder/remodeler must correct the items and have the failed home re-inspected. A builder or remodeler must act on a failed inspection. No additional inspections can occur until the failed inspection is passed. In addition, the commission will take actions on project registrations for qualified projects that a builder or remodeler has not had inspected, as the law requires.
The commission will randomly conduct audits on builders and remodelers to verify inspection documentation and to ensure that all required inspections were performed according to applicable codes and commission rules.
To access all the information about the county inspection program to access a list of fee inspectors registered with the commission or to learn about other commission programs, visit www.texasrcc.org or www.comisiondecasa.org, or call 877.651.TRCC and ask for the Building Programs Department.
