Standards of Practice
The Standards of Practice was published in the May 25, 2007 issue of the Maryland Register, at which time it became available for public comment.
Having received no comments, on August 14, 2007, the commission voted unanimously in favor of a motion to "Take Final Action" on the Standards of Practice. (Click here to View the Minutes.)
It is only a matter of time now (probably weeks) before the commission files the appropriate documents, at which time the Standards will go into effect and be required by Maryland State Law.
Maryland Home Inspection Standards of Practice
.01 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Activate.
(a) ‘‘Activate’’ means to turn on, supply power, or enable systems, equipment, or devices to become active by normal
control means.
(b) ‘‘Activate’’ includes:
(i) Turning on the gas or water supply valves to fixtures
and appliances; and
(ii) Activating electrical breakers or fuses.
(2) Additional Inspection Services.
(a) ‘‘Additional inspection services’’means any service
offered in addition to the home inspection as defined in
Standards of Practice for Maryland Licensed Home Inspectors.
(b) ‘‘Additional inspection services’’ includes, but is
not limited to, services to detect the presence of a wooddestroying
insect or organism.
(c) ‘‘Additional inspection services’’ includes environmental
testing that includes, but is not limited to, tests to
determine:
(i) Radon levels;
(ii) Well water potability;
(iii) Functional ability of septic system; and
(iv) Air quality, to include testing for 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) ‘‘Alarm system’’ means a device to generate an audible
or visible warning of an unsafe condition.
(b) ‘‘Alarm system’’ includes, but is not limited to:
(i) A warning device, installed or freestanding;
(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 a device designed
and installed to protect systems and components from unsafe
conditions.
(6) ‘‘Component’’ means a permanently installed appliance,
fixture, element, or part of a system necessary for the
system to operate as designed.
(7) ‘‘Decorative’’ means ornamental or not required for
the operation of the essential systems and components 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 a professional service
or creative work requiring:
(a) Engineering education, training, and experience;
and
(b) The application of special knowledge of the mathematical,
physical, and engineering sciences to professional
service or creative work such as consultation, investigation,
evaluation, planning, design, and supervision of construction
for the purpose of assuring compliance with the specifications
and design, in conjunction with 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) 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) ‘‘Heat source’’means a mechanical means to transfer
heat.
(b) ‘‘Heat source’’ 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 freestanding.
(16) ‘‘Inspect’’ means to examine readily accessible systems
and components of a building in accordance with the
standards of practice set forth in this chapter, 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 being 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 an item’s function, 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 that will
likely involve risk to a person or property.
(21) ‘‘Readily openable access panel’’means a panel provided
for homeowner inspection and maintenance that:
(a) Is within normal reach;
(b) Can be easily removed by one person; and
(c) Is not sealed in place.
(22) Recreational Facility.
(a) ‘‘Recreational facility’’ means a fitness or entertainment
device or equipment.
(b) ‘‘Recreational facility’’ 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) ‘‘Shut down’’ means a state in which a system or
component cannot be operated by normal operating controls.
(26) ‘‘Significantly deficient’’ means to be unsafe or not
functioning as deigned or intended.
(27) Solid Fuel Burning Appliance.
(a) ‘‘Solid fuel burning appliance’’ means a hearth
and fire chamber or similar prepared place:
(i) In which a fire may be built; and
(ii) That is constructed in conjunction with a chimney.
(b) ‘‘Solid fuel burning appliance’’ includes a listed
assembly of a fire chamber, its chimney, and related factorymade
parts designed for unit assembly without requiring
field construction.
(28) ‘‘Structural component’’ means a component that
supports nonvariable forces or weights and variable forces or
weights.
(29) ‘‘System’’ 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 to
identify concealed conditions or latent defects that involves
dismantling, extensive use of advanced techniques, measurements,
instruments, testing, calculations, or other means.
(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 that:
(a) Is determined to create a significant risk of personal
injury during normal, day-to-day use; and
(b) May be the result of damage, deterioration, improper
installation, or a change in accepted residential construction
standards.
(33) Wiring Methods.
(a) ‘‘Wiring methods’’ means the identification of electrical
conductors or wires by their general type.
(b) ‘‘Wiring methods’’ includes, but is not limited to:
(i) Nonmetallic sheathed cable;
(ii) Armored cable; and
(iii) Knob and tube.
.02 General.
A. Purpose. In the general public interest, the standards
of practice set forth in this chapter are promulgated to establish
a minimum and uniform standard of performance to be
exercised by a home inspector licensed by the Maryland
State Commission of Real Estate Appraisers and Home Inspectors.
B. Conflicts. If this chapter conflicts with other federal or
State requirements, the home inspector shall follow the more
stringent requirements.
C. Scope. The standards of practice set forth in this chapter
apply only to the inspection of a residential building containing
one to four dwelling units.
D. Inspections.
(1) The standards of practice set forth in this chapter:
(a) Identify the items, components, systems, and certain
terms included in the scope of a home inspection; and
(b) Apply to a visual inspection of the readily accessible
areas of the included items, components, and systems to
determine if, at the time of the home inspection, the items,
components, and systems are performing their intended
function or are determined to be significantly deficient.
(2) A home inspection performed in accordance with the
standards of practice set forth in this chapter:
(a) Is intended to provide a client with objective information
regarding the condition of the systems and components
of a home 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) May not be construed as a compliance inspection
pursuant to any code or governmental regulation;
(d) Is not intended to be construed as a guarantee,
warranty, or any form of insurance;
(e) Is not an express or implied warranty or a guarantee
of the adequacy, performance, or useful life of any item,
component, or system in, on, or about the inspected property;
(f) Is based on the visual observation of the home inspector;
and
(g) Shall be performed in a time period sufficient to
allow compliance with the provisions of the standards of
practice set forth in this chapter;
E. Representative Number. For the purpose of making a
finding or conclusion as a result of a home inspection, a
home 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) Shall contain the written opinion of the home inspector
based on 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 the
standards of practice set forth in this chapter:
(1) Is not technically exhaustive; and
(2) May not identify concealed conditions or latent defects.
B. Except as may be required by lawful authority, a home
inspector is not required to perform any action or make any
determination unless specifically stated in the standards of
practice set forth in this chapter.
C. A home inspector is not required to determine any of
the following:
(1) Condition of a system or component that 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 presence or absence of all
manner of biological activity, such as carcinogens, mold, insects,
birds, pets mammals, and other flora and fauna, and
their consequent damage, toxicity, 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) Existence of manufacturer’s recalls.
D. A home inspector is not required to offer or perform any
of the following:
(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 that may be, in the opinion of the home
inspector, dangerous to the inspector or other persons or
damage the property or its systems or components; or
(2) Under-floor crawl spaces or attics that are not
readily accessible.
G. A home inspector is not required to inspect any of the
following:
(1) Underground items, including, but not limited to,
underground storage tanks or other underground indications
of their presence, whether abandoned or active;
(2) Systems or components that are not installed;
(3) Decorative items;
(4) Systems or components located in areas that cannot
be entered in accordance with the standards of practice set
forth in this chapter;
(5) Detached structures other than garages and carports;
(6) Common elements or common areas in multiunit
housing, such as condominium properties or cooperative
housing; or
(7) A common condominium component or system or
evaluated condominium reserve accounts.
H. A home inspector is not required to:
(1) Perform any procedure or operation that may be, in
the opinion of the inspector, 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 the standards of practice set forth in this
chapter; or
(4) Include in a written report any information from
any source concerning previous:
(a) Property, geological, environmental, or hazardous
waste conditions;
(b) Manufacturer recalls or conformance of proper
manufacturer’s installation of any component or system; or
(c) Information contained in a consumer protection
bulletin of publication.
.04 Structural System.
A. A home inspector shall visually inspect the structural
system, including the structural components including foundation
and framing.
B. Probing.
(1) A home inspector shall probe a representative number
of structural components where deterioration is suspected
or where clear indications of possible deterioration exist.
(2) Probing is not required:
(a) If it will damage any finished surface; or
(b) Where no deterioration is visible.
C. 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.
D. 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 inspect 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 that are accessible from
the ground level;
(5) Vegetation, grading, surface drainage, and retaining
walls on the property if any 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 any of the
following:
(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, and 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 chimneys that 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:
(a) The remaining life expectancy of roof coverings;
(b) The presence or absence of hail damage;
(c) Manufacturer’s defects;
(d) Installation methods; or
(e) The 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) 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 any of the following:
(a) Clothes washing machine connections;
(b) Interiors of flues or chimneys that 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; or
(b) The quantity or quality of the water supply; or
(3) Operate safety valves or shut-off valves.
.08 Electrical Systems.
A. A home inspector shall visually 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 subpanels;
(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 subpanels; and
(3) Wiring methods.
C. If applicable, 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 inspect:
(1) Installed heating equipment;
(2) Vent systems, flues, and chimneys; and
(3) Heating distribution.
B. A home inspector shall describe energy sources and
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; or
(2) Determine the adequacy of the heat system or the
distribution balance.
.10 Air-Conditioning System.
A. A home inspector shall inspect the installed central
and through-wall cooling equipment.
B. A home inspector shall describe energy sources and
cooling methods by distinguishing characteristics and
means of distribution.
C. A home inspector is not required to:
(1) Inspect electronic air filters; or
(2) Determine the adequacy of the cooling system or the
distribution balance.
.11 Interior.
A. A home inspector shall visually inspect:
(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 systems.
B. A home inspector shall describe:
(1) Insulation and vapor retarders in unfinished
spaces; and
(2) If applicable, 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 any of the following:
(a) Interiors of flues or chimneys:
(b) Firescreens 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 stove or firebox contents.
Having received no comments, on August 14, 2007, the commission voted unanimously in favor of a motion to "Take Final Action" on the Standards of Practice. (Click here to View the Minutes.)
It is only a matter of time now (probably weeks) before the commission files the appropriate documents, at which time the Standards will go into effect and be required by Maryland State Law.
.01 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) Activate.
(a) ‘‘Activate’’ means to turn on, supply power, or enable systems, equipment, or devices to become active by normal
control means.
(b) ‘‘Activate’’ includes:
(i) Turning on the gas or water supply valves to fixtures
and appliances; and
(ii) Activating electrical breakers or fuses.
(2) Additional Inspection Services.
(a) ‘‘Additional inspection services’’means any service
offered in addition to the home inspection as defined in
Standards of Practice for Maryland Licensed Home Inspectors.
(b) ‘‘Additional inspection services’’ includes, but is
not limited to, services to detect the presence of a wooddestroying
insect or organism.
(c) ‘‘Additional inspection services’’ includes environmental
testing that includes, but is not limited to, tests to
determine:
(i) Radon levels;
(ii) Well water potability;
(iii) Functional ability of septic system; and
(iv) Air quality, to include testing for 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) ‘‘Alarm system’’ means a device to generate an audible
or visible warning of an unsafe condition.
(b) ‘‘Alarm system’’ includes, but is not limited to:
(i) A warning device, installed or freestanding;
(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 a device designed
and installed to protect systems and components from unsafe
conditions.
(6) ‘‘Component’’ means a permanently installed appliance,
fixture, element, or part of a system necessary for the
system to operate as designed.
(7) ‘‘Decorative’’ means ornamental or not required for
the operation of the essential systems and components 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 a professional service
or creative work requiring:
(a) Engineering education, training, and experience;
and
(b) The application of special knowledge of the mathematical,
physical, and engineering sciences to professional
service or creative work such as consultation, investigation,
evaluation, planning, design, and supervision of construction
for the purpose of assuring compliance with the specifications
and design, in conjunction with 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) 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) ‘‘Heat source’’means a mechanical means to transfer
heat.
(b) ‘‘Heat source’’ 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 freestanding.
(16) ‘‘Inspect’’ means to examine readily accessible systems
and components of a building in accordance with the
standards of practice set forth in this chapter, 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 being 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 an item’s function, 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 that will
likely involve risk to a person or property.
(21) ‘‘Readily openable access panel’’means a panel provided
for homeowner inspection and maintenance that:
(a) Is within normal reach;
(b) Can be easily removed by one person; and
(c) Is not sealed in place.
(22) Recreational Facility.
(a) ‘‘Recreational facility’’ means a fitness or entertainment
device or equipment.
(b) ‘‘Recreational facility’’ 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) ‘‘Shut down’’ means a state in which a system or
component cannot be operated by normal operating controls.
(26) ‘‘Significantly deficient’’ means to be unsafe or not
functioning as deigned or intended.
(27) Solid Fuel Burning Appliance.
(a) ‘‘Solid fuel burning appliance’’ means a hearth
and fire chamber or similar prepared place:
(i) In which a fire may be built; and
(ii) That is constructed in conjunction with a chimney.
(b) ‘‘Solid fuel burning appliance’’ includes a listed
assembly of a fire chamber, its chimney, and related factorymade
parts designed for unit assembly without requiring
field construction.
(28) ‘‘Structural component’’ means a component that
supports nonvariable forces or weights and variable forces or
weights.
(29) ‘‘System’’ 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 to
identify concealed conditions or latent defects that involves
dismantling, extensive use of advanced techniques, measurements,
instruments, testing, calculations, or other means.
(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 that:
(a) Is determined to create a significant risk of personal
injury during normal, day-to-day use; and
(b) May be the result of damage, deterioration, improper
installation, or a change in accepted residential construction
standards.
(33) Wiring Methods.
(a) ‘‘Wiring methods’’ means the identification of electrical
conductors or wires by their general type.
(b) ‘‘Wiring methods’’ includes, but is not limited to:
(i) Nonmetallic sheathed cable;
(ii) Armored cable; and
(iii) Knob and tube.
.02 General.
A. Purpose. In the general public interest, the standards
of practice set forth in this chapter are promulgated to establish
a minimum and uniform standard of performance to be
exercised by a home inspector licensed by the Maryland
State Commission of Real Estate Appraisers and Home Inspectors.
B. Conflicts. If this chapter conflicts with other federal or
State requirements, the home inspector shall follow the more
stringent requirements.
C. Scope. The standards of practice set forth in this chapter
apply only to the inspection of a residential building containing
one to four dwelling units.
D. Inspections.
(1) The standards of practice set forth in this chapter:
(a) Identify the items, components, systems, and certain
terms included in the scope of a home inspection; and
(b) Apply to a visual inspection of the readily accessible
areas of the included items, components, and systems to
determine if, at the time of the home inspection, the items,
components, and systems are performing their intended
function or are determined to be significantly deficient.
(2) A home inspection performed in accordance with the
standards of practice set forth in this chapter:
(a) Is intended to provide a client with objective information
regarding the condition of the systems and components
of a home 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) May not be construed as a compliance inspection
pursuant to any code or governmental regulation;
(d) Is not intended to be construed as a guarantee,
warranty, or any form of insurance;
(e) Is not an express or implied warranty or a guarantee
of the adequacy, performance, or useful life of any item,
component, or system in, on, or about the inspected property;
(f) Is based on the visual observation of the home inspector;
and
(g) Shall be performed in a time period sufficient to
allow compliance with the provisions of the standards of
practice set forth in this chapter;
E. Representative Number. For the purpose of making a
finding or conclusion as a result of a home inspection, a
home 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) Shall contain the written opinion of the home inspector
based on 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 the
standards of practice set forth in this chapter:
(1) Is not technically exhaustive; and
(2) May not identify concealed conditions or latent defects.
B. Except as may be required by lawful authority, a home
inspector is not required to perform any action or make any
determination unless specifically stated in the standards of
practice set forth in this chapter.
C. A home inspector is not required to determine any of
the following:
(1) Condition of a system or component that 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 presence or absence of all
manner of biological activity, such as carcinogens, mold, insects,
birds, pets mammals, and other flora and fauna, and
their consequent damage, toxicity, 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) Existence of manufacturer’s recalls.
D. A home inspector is not required to offer or perform any
of the following:
(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 that may be, in the opinion of the home
inspector, dangerous to the inspector or other persons or
damage the property or its systems or components; or
(2) Under-floor crawl spaces or attics that are not
readily accessible.
G. A home inspector is not required to inspect any of the
following:
(1) Underground items, including, but not limited to,
underground storage tanks or other underground indications
of their presence, whether abandoned or active;
(2) Systems or components that are not installed;
(3) Decorative items;
(4) Systems or components located in areas that cannot
be entered in accordance with the standards of practice set
forth in this chapter;
(5) Detached structures other than garages and carports;
(6) Common elements or common areas in multiunit
housing, such as condominium properties or cooperative
housing; or
(7) A common condominium component or system or
evaluated condominium reserve accounts.
H. A home inspector is not required to:
(1) Perform any procedure or operation that may be, in
the opinion of the inspector, 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 the standards of practice set forth in this
chapter; or
(4) Include in a written report any information from
any source concerning previous:
(a) Property, geological, environmental, or hazardous
waste conditions;
(b) Manufacturer recalls or conformance of proper
manufacturer’s installation of any component or system; or
(c) Information contained in a consumer protection
bulletin of publication.
.04 Structural System.
A. A home inspector shall visually inspect the structural
system, including the structural components including foundation
and framing.
B. Probing.
(1) A home inspector shall probe a representative number
of structural components where deterioration is suspected
or where clear indications of possible deterioration exist.
(2) Probing is not required:
(a) If it will damage any finished surface; or
(b) Where no deterioration is visible.
C. 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.
D. 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 inspect 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 that are accessible from
the ground level;
(5) Vegetation, grading, surface drainage, and retaining
walls on the property if any 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 any of the
following:
(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, and 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 chimneys that 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:
(a) The remaining life expectancy of roof coverings;
(b) The presence or absence of hail damage;
(c) Manufacturer’s defects;
(d) Installation methods; or
(e) The 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) 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 any of the following:
(a) Clothes washing machine connections;
(b) Interiors of flues or chimneys that 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; or
(b) The quantity or quality of the water supply; or
(3) Operate safety valves or shut-off valves.
.08 Electrical Systems.
A. A home inspector shall visually 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 subpanels;
(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 subpanels; and
(3) Wiring methods.
C. If applicable, 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 inspect:
(1) Installed heating equipment;
(2) Vent systems, flues, and chimneys; and
(3) Heating distribution.
B. A home inspector shall describe energy sources and
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; or
(2) Determine the adequacy of the heat system or the
distribution balance.
.10 Air-Conditioning System.
A. A home inspector shall inspect the installed central
and through-wall cooling equipment.
B. A home inspector shall describe energy sources and
cooling methods by distinguishing characteristics and
means of distribution.
C. A home inspector is not required to:
(1) Inspect electronic air filters; or
(2) Determine the adequacy of the cooling system or the
distribution balance.
.11 Interior.
A. A home inspector shall visually inspect:
(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 systems.
B. A home inspector shall describe:
(1) Insulation and vapor retarders in unfinished
spaces; and
(2) If applicable, 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 any of the following:
(a) Interiors of flues or chimneys:
(b) Firescreens 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 stove or firebox contents.
posted by Hollis at
9:37 PM
0 Comments:
Post a Comment
Links to this post:
Create a Link
<< Home