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DEPARTMENT OF LABOR, LICENSING AND REGULATION
COMMISSION OF REAL ESTATE APPRAISERS AND HOME INSPECTORS
Authority: Business Occupations and Professions Article, §§ 16-208(a) and 16-216
.01 Definitions.
A. In this charter.
the following terms have the meaning indicated.
B. Terms Defined.
(1) "Activate":
(a) means to turn on. Supply power. or enable systems.
equipment. or devices to become
active by normal control means.
(b) includes turning on the gas or water SUDDly valves to the
fixtures and appliances and
activating electrical breakers or fuses.
(2) "Additional
Inspection Services":
(a) means any service offered in addition to the home inspection
as defined in Standards of
Practice for Maryland Licensed Home Inspectors:
(b) includes. but is not limited to:
(i) services to detect the Presence of a wood-destroying insect
or organism: and
(ii) environmental testing that includes but,” is not limited to
tests to determine:
1. radon levels:
2. well water potability;
3. functional ability of septic system: and
4. air quality. to include the Presence of contaminants, mold
spores. noxious gases and
other harmful Particulates in the air supply.
(3) "Adversely affect"
means to constitute, or potentially constitute, a negative or
destructive
impact on the durability or soundness of a structure.
(4) "Alarm System":
(a) means a device to generate an audible or visible warning of
an unsafe condition:
(b) includes. but is not limited to:
(i) a warming device installed or free-standing;
(ii) a carbon monoxide detector and alarm;
(iii) a flue gas detector;
(iv) a water or other spillage detector;
(v) security equipment;
(vi) an ejector pump; and
(vii) a smoke detector or alarm.
(5) "Automatic safety controls"
means an device designed and installed to protect systems and
components from unsafe conditions.
(6) component" means a
installed appliance fixture element or art of a system necessary
for the
system to operate as designed.
(7) "Decorative" means
ornamental or something not required for the operation of the
essential
systems and component of a home.
(8) "Describe" means to
report a system or component by its type or other observed
significant
characteristics to distinguish it from other systems or
components.
(9) "Dismantle" means to
take apart or remove any component, device or piece of equipment
that would not be taken apart or removed by a homeowner in the
course of normal and routine
homeowner maintenance.
(10) “Engineering service" means an professional service or creative work
requiring
engineering education, training, and experience and the application of
special knowledge of
the mathematical, physical and engineering sciences to such
professional service or creative
work as
Consultation, investigation, evaluation. Planning, design and supervision of
construction for the purpose of assuring compliance with the specification and
design, in
conjunction
structures. buildings. machines. equipment. works or processes.
(11) "Functional drainage" means a drain is:
(a) able to empty in a reasonable amount of time; and
(b) is not subject to overflow when one of its supply
faucets is left on.
(12) “Functional flow” means sufficient water flow to provide uninterrupted
supply to the highest,
unrestricted tap or faucet farthest from the source when
a single intermediate, unrestricted tap
or faucet is operated simultaneously
with uninterrupted flow.
(13) “Further evaluation” means an examination and analysis by a qualified
professional
tradesman or service technician beyond that provided by the home
inspection.
(14) "Heat source"
(a) means a mechanical means to transfer heat:
(b) includes but is not limited to:
(i) a radiator;
(ii) a convector unit;
(iii) a radiant panel;
(iv) a heat pipe;
(v) ductwork;
(vi) a grille;
(vii) a register; and
(viii) any other device
from which heat is intended to be emitted.
(15) "Household appliance" means a kitchen or laundry apparatus designed to
perform a
particular task or function. whether installed or free-standing".
(16) "Inspect" means to examine readily accessible systems and components of a
building in accordance with these Standards of Practice, using" normal
operating" controls and
opening, readily openable access panels.
(17) "Installed" means attached such that removal requires tools.
(18) "Intended function" means:
(a) Performing. or able to perform the usual function
for which an item is designed or fitted;
and
(b) being in a condition or state of repair appropriate
to this function. its age and location.
(19) "Normal operating control" means a device such as a thermostat, switch. or
valve
that may
be operated by an individual and does not require specialized skill or
knowledge
(20) “Readily accessible" means available for visual inspection without
requiring moving of
personal property, dismantling destructive measures, or any
action which will likely involve risk
to a person or property.
(21) "Readily openable access panel" means a panel provided for homeowner
inspection
and maintenance that is within normal reach. can be easily removed by one
person. and is not
sealed in place.
(22) "Recreational facility":
(a) means a fitness or entertainment device or
equipment:
(b) includes. but is not limited to:
(i) a spa;
(ii) a sauna;
(ii) a steam bath;
(iv) exercise equipment;
(v) entertainment
devices;
(vi) athletic equipment;
(vii) playground
equipment; and
(viii) other similar
equipment and associated accessories
(23) "Representative number" means a quantity of components of any system or
structure
enough like others in its class or kind so as to serve as an example of the
class or kind.
(24) "Roof drainage system" means a component used to carry water off a roof and
away
from a building,
(25) "Significantly deficient" means to be unsafe or not functioning as deigned
or
intended.
(26) "Shut down" means a state in which a system or component cannot be operated
by
normal
operating controls.
(27) "Solid fuel burning appliance":
(a) means a hearth and fire chamber or similar prepared
place in which a fire may be built
and which is constructed in conjunction with a
chimney;
(b) includes a listed assembly of a fire chamber. its
chimney and related factor-made parts
designed for unit assembly without requiring
field construction.
(28) "Structural component" means a component that supports non-variable forces
or weights
and variable forces or weights.
(29) “Systems means a combination of interacting or interdependent components,
that are
designed and assembled to carry out one or more functions.
(30) "Technically exhaustive" means an investigation that involves dismantling,
the extensive
use of advanced techniques, measurements, instruments, testing,
calculations, or other means
to identify concealed conditions or latent defects.
(31) “Under-floor crawl space” means the area within the confines of the
foundation and
between the ground and the underside of the floor.
(32) “Unsafe” means a condition in a readily accessible, installed system or
component
This is deemed to create a significant risk of personal injury during normal,
day-today use.
which may be the result of damage, deterioration, improper installation or a
change in
accepted
residential construction standards.
(33) "Wiring methods":
(a) means the identification of electrical conductors
or wires by their general type.
(b) includes. but is not limited to;
(i) non-metallic sheathed
cable;
(ii) armored cable; and
(iii) knob and tube.
.02. General.
A. Purpose.
In the general public interest, these standards are promulgated to establish a
minimum and
uniform standard of performance to be exercised by a home inspector
licensed by Maryland State
Commission of Real Estate Appraisers and Home
Inspectors.
B. Conflicts.
If these regulations conflict with other federal or state requirements, the home
inspector shall follow
the more stringent requirements.
C. Scope.
The Standards of Practice apply only to the inspection of residential building
containing one to
four dwelling units.
D. Inspections.
(1) These Standards of Practice:
(a) identify those items. components. systems and certain terms included in the
scope of a
home inspection
(b) apply to a visual ins action of the readily accessible areas of the included
components
and systems are Performing their intended function or are deemed to
be
significantly
deficient.
(2) A home inspection performed in accordance with the Standards of Practice:
(a) is intended to provide a client with objective information regarding the
condition of the
systems and components of a home as inspected at the time of
the home
inspection;
(b) acts to identify visible defects and conditions that in the judgment of the
home inspector,
adversely affect the function or integrity of the items,
components, and systems
Inspected, including those items or components near the end of their serviceable
life;
(c) shall not be construed as a compliance inspection pursuant to any code or
governmental
regulation and is not intended to be construed as, guarantee,
warranty,
or any form of
insurance;
(d) is not an expressed or implied warrant or a guarantee of the adequacy,
performance or
useful life of any item, component, or system in, on, or about
the inspected property;
(e) is based on the visual observation of the home inspector;
(f) shall be performed in a time period sufficient to allow compliance with the
provisions of
the Standards of Practice;
E. Representative Number
For the purpose of making a finding or conclusion as a result of a
home
inspection. an
inspector may consider for representative number:
(1) electrical outlets;
(2) exterior windows;
(3) exterior shutters;
(4) doors; and
(5) siding materials
F. Report.
A home inspection report:
(1) contains the written opinions of the home inspector based upon the judgment
and
experience of the home inspector:
(2) is not intended to be technically exhaustive; and
(3) may identify items in need of further evaluation.
.03 Limitations and Exclusions.
A. A home inspection performed in accordance with these Standards of Practice:
(1) is not technically exhaustive; and
(2) may not identify concealed conditions or latent defects.
B. A home inspector is not required to perform any action or make any
determination unless
specifically stated in these Standards of Practice, except
as may be required by lawful
authority.
C. A home inspector is not required to determine the:
(1) condition of a system or component which is not readily accessible;
(2) remaining life of any system or component;
(3) strength. adequacy. effectiveness. or efficiency of any system or component;
(4) causes of any condition or deficiency;
(5) methods. materials. or costs of corrections;
(6) future conditions including. but not limited to. failure of systems and
components;
(7) suitability of the property for any specialized use;
(8) Property boundary lines or encroachments;
(9) compliance of the structure with applicable provisions of local ordinances,
regulations, or
codes;
(10) market value of the property or its marketability;
(11) advisability of the purchase of the property;
(12) indoor air Quality or sickness of any building including, but not limited
to, the
odors, waste
products, and noxiousness;
(13) effectiveness of any system installed or methods utilized to control or
remove
suspected
hazardous substances;
(14) operating costs of a system or component;
(15) acoustical properties of any system or component; or
(16) the existence of manufacturer's recalls.
D. A home inspector is not required to offer or perform:
(1) any act or service contrary to law;
(2) engineering services;
(3) work in any trade or any professional service other than home inspection; or
(4) warranties or guarantees of any kind.
E. A home inspector is not required to operate any system or component that;
(1) is shut down or otherwise inoperable; or
(2) does not respond to normal operating controls.
F. A home inspector is not required to enter:
(1) any area which may in the opinion of the home inspector. be dangerous to the
inspector or other persons or damage the property or its systems or components;
or
(2) under-floor crawl sl2aces or attics that are not readily accessible.
G. A home inspectors is not required to inspect:
(1) underground indications of their presence, whether abandoned or active;
(2) systems or components which are not installed;
(3) decorative items;
(4) systems or coml2onents located in areas that are not entered in accordance
with these
Standards of Practice;
(5) detached structures other than garages and carports;
(6) common elements or common areas in multi-unit housing. such as condominium
properties
or cooperative house; or
(7) a common condominium component. system. or evaluated condominium reserve
accounts.
H. A home inspector is not required to:
(1) perform any procedure or operation which may in the opinion of the
inspector, be
Dangerous to the inspector or other persons or damage the property or its
systems or
components;
(2) move suspended ceiling tiles, personal property, furniture, equipment,
plants, soil,
snow,
ice, or debris;
(3) dismantle any system or component. except as explicitly required by these
Standards of
Practice, or
(4) include in a written report any information from any source concerning
previous property,
geological, environment or hazardous waste conditions,
manufacturer recalls or conformance
of proper manufacturer’s installation of any
component or system, or information
contained in a
consumer protection bulletin of publication.
.04 Structural System.
A. The home inspector shall visually insect the structural system:
(1) including the structural components including foundation and framing; and
(2) by Probing a representative number of structural components where
deterioration is
Suspected or where clear indications of possible deterioration. Probing is not
required when
probing would damage any finished surface or where no
deterioration is visible.
B. A home inspector shall describe the structural system including the:
(1) foundation and report the methods used to inspect the under-floor crawl
spaces and
basements;
(2) floor structure;
(3) wall structure;
(4) ceiling structure; and
(5) roof structure and report the methods used to inspect the attic.
C. A home inspector is not required to:
(1) Provide any engineering service; or
(2) offer an opinion as to the adequacy of any structural system or component.
.05 Exterior
A. A home inspector shall visually insect the home exterior including:
(1) exterior wall covering. flashing and trim;
(2) all exterior doors;
(3) attached decks. balconies. stoops. steps. Porches. and their associated
railings;
(4) eaves. soffits, and fascias where accessible from the ground level;
(5) vegetation, grading, surface drainage and retaining walls on the of
these may adversely
affect the building; and
(6) walkways. patios. and driveways leading to dwelling entrances.
B. A home inspector shall describe the exterior wall covering.
C. A home inspector is not required to inspect:
(1) screening. shutters. awnings. and similar seasonal accessories:
(2) fences;
(3) geological. geotechnical or hydrological conditions;
(4) recreational facilities;
(5) outbuildings;
(6) seawalls. break-walls. and docks; or
(7) erosion control and earth stabilization measures.
.06 Roof System.
A. A home inspector shall visually inspect a roof system including:
(1) the roof covering;
(2) roof drainage systems;
(3) flashings: and
(4) skylights, chimneys, exterior and roof penetrations.
B. A home inspector shall describe the roof covering and report the methods used
to
inspect the
roof.
C. A home inspector is not required to:
(1) inspect:
(a) antennae;
(b) interiors of flues or chimney s which are not readily accessible; or
(c) other installed accessories.
(2) walk on or access a roof where it could damage the roof or roofing material
or be
unsafe for
the home inspector;
(3) remove snow, ice, debris. or other conditions that prohibit the observation
of the
roof
surfaces; or
(4) determine remaining life expectancy of roof coverings, the presence or
absence hail
damage, manufacturers’ defects, exceptions, installation methods,
or number of layers of
roofing material.
.07 Plumbing System.
A. A home inspector shall visually inspect the plumbing system including:
(1) interior water supply and distribution systems including all fixtures and
faucets;
(2) drain. waste and vent systems including all fixtures;
(3) water heating equipment;
(4) vent systems. flues. and chimneys;
(5) fuel storage and fuel distribution systems;
(6) the drainage sumps. sump: pumps. and related piping;
(7) the functional flow of all fixtures and faucets: and
(8) the functional drainage of all fixtures.
B. A home inspector shall describe the plumbing system including:
(1) water supply. drain. waste. and vent piping materials:
(2) water heating equipment including the energy source: and
(3) the location of main water and main fuel shut-off valves.
C. A home inspector is not required to:
(1) inspect:
(a) the clothes washing machine connections;
(b) the interiors of flues or chimneys which are not readily accessible;
(c) wells. well pumps. or water storage related equipment;
(d) water conditioning systems;
(e) solar water heating systems;
(f) fire and lawn sprinkler systems; or
(g) private waste disposal systems.
(2) determine:
(a) whether water supply and waste disposal systems are public or private;
(b) the Quantity or Quality of the water supply; or
(c) operate safety valves or shut-off valves.
.08 Electrical Systems.
A. A home inspector shall visual inspect an electrical system including:
(1) the service drop;
(2) service entrance conductors, cables, and raceways;
(3) service equipment and main disconnects;
(4) service grounding;
(5) Interior components of service panels and sub panels;
(6) conductors;
(7) overcurrent protection devices;
(8) a representative number of installed lighting fixtures. switches. and
receptacles;
(9) ground fault and arc fault circuit interrupters; and
(10) the general condition of visible branch circuit conductors that may
constitute a
hazard to
the occupant or the structure by reason of improper use or
installation of
electrical components.
B. A home inspector shall describe the electrical system including the:
(1) amperage and voltage rating of the service;
(2) location of main disconnect and sub panels; and
(3) wiring methods.
C. A home inspector shall include in a written report the:
(1) presence of solid conductor aluminum branch circuit wiring; and
(2) absence of smoke detectors.
D. A home inspector is not required to:
(1) inspect:
(a) remote control devices unless the device is the only control device;
(b) alarm systems and components;
(c) low voltage wiring. systems and components; or
(d) ancillary wiring systems and components that are not a part of the primary
electrical
power distribution system; or
(2) measure amperage, voltage, or impedance.
.09 Heating System.
A. A home inspector shall visually insect:
(1) installed heating equipment;
(2) vent systems. flues. and chimneys; and
(3) heating distribution.
B. A home inspector shall describe:
(1) energy sources; and
(2) heating methods by distinguishing~ characteristics and means of
distribution.
C. A home inspector is not required to:
(1) inspect:
(a) flue or chimney interiors that are not readily accessible;
(b) heat exchangers;
(c) humidifiers or dehumidifiers;
(d) electronic air filters; or
(e) solar Space heating systems:
(2) determine the adequacy of the heat system or the distribution balance.
.10 Air-conditioning System.
A. A home inspector shall insect the installed central and through-wall cooling
equipment.
B. A home inspector shall describe:
(1) energy sources; and
(2) cooling methods be distinguishing~ characteristics and means of
distribution.
C. A home inspector is not required to:
(1) insect electronic air filters; or
(2) determine the adequacy of the cooling system or the distribution balance.
.11 Interior.
A. A home inspector shall visually insect:
(1) walls. ceilings. and floors;
(2) steps stairways. and railings;
(3) countertops and a representative number of installed cabinets;
(4) a representative number of doors and windows; and
(5) garage doors and garage door operators.
B. A home inspector is not required to inspect:
(1) paint. wallpaper. and other finish treatments;
(2) carpeting;
(3) window treatments;
(4) central vacuum systems;
(5) household appliances; or
(6) recreational facilities.
.12 Insulation and Ventilation.
A. A home inspector shall visually inspect:
(1) insulation and vapor retarders in unfinished spaces;
(2) ventilation of attics and foundation areas; and
(3) mechanical ventilation system.
B. A home inspector shall describe:
(1) insulation and vapor retarders in unfinished spaces; and
(2) the absence of insulation in unfinished spaces at conditioned surfaces.
C. A home inspector is not required to:
(1) disturb insulation or vapor retarders; or
(2) determine indoor air Quality.
.13 Fireplaces and Solid Fuel Burning Appliances.
A. A home inspector shall visually inspect:
(1) system components of fireplaces and solid fuel burning appliances; and
(2) vent systems. flues. and chimneys.
B. A home inspector shall describe:
(1) fireplaces and solid fuel burning appliances; and
(2) chimneys.
C. A home inspector is not required to:
(1) inspect:
(a) interiors of flues or chimneys:
(b) fire screens and doors;
(c) seals and gaskets;
(d) automatic fuel feed devices;
(e) mantles and fireplace surrounds;
(f) combustion make-up air devices; or
(g) gravity controlled and fan assisted heat distribution assists;
(2) ignite or extinguish fires;
(3) determine draft characteristics; or
(4) move fireplace inserts or stoves or firebox contents. |
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703-468-1400