440-RICR-10-00-5
440-RICR-10-00-5. Rules and Regulations for Home Inspectors and Associate Home Inspectors (version Adoption, 12/19/2019 to 01/04/2022)
5.1 Authority
These rules and regulations
are promulgated pursuant by the Contractors’ Registration and
Licensing Board ("Board") in accordance with to R.I. Gen.
Laws §§ 5-65-17 and 5-65.1-3.
5.2 Purpose
The purpose of this Part is
to administer and enforce the provisions of the Rhode Island Home
Inspector Licensing Law, R. I. Gen Laws Chapter 5-65.1, and to
promote public safety, health, and welfare by providing a mechanism
to ensure that all home inspectors and associate home inspectors
conducting business in the State of Rhode Island have the requisite
skills, training, and experience necessary to safely and adequately
conduct home inspections within this state. Any person who fails to
be licensed as a home inspector or associate home inspector, as
stipulated, is subject to penalties for operating without a license.
5.3 Incorporated Materials
Reserved
5.4 Definitions
A. In addition to the terms
defined in R.I. Gen. Laws §§ 5-65-1, 5-65.1-2, and §
1.5 of this Subchapter ,
the following terms shall have the following meanings.
1. “Appurtenance”
means any accessory improvement to real estate associated and
attached to the primary structure.
2. “Attic space”
means the unfinished space between the ceiling joists or truss chords
of the top floor, and the underside of the roof framing.
3. “Automatic safety
controls" means the devices designed and installed to protect
systems and components from excessively high or low pressures and
temperatures, excessive electrical current, loss of water, flooding,
loss of ignition, fuel leaks, fire, freezing, or other unsafe
conditions.
4. “Basement/cellar”
means the portion of a dwelling that is partly or completely below
grade.
5. “Branch circuit”
means a portion of a wiring system that extends beyond the final
automatic overcurrent protective device and terminates at the
utilization device or outlet.
6. “Buyer’s
broker” means a real estate broker or salesperson who has a
written contractual agreement or a written agency disclosure between
the buyer and the real estate broker specifying that the real estate
broker is acting exclusively for the buyer as a buyer’s broker.
7. “Central air
conditioning” means a system that uses ducts to distribute
cooled and/or dehumidified air to more than one room or uses pipes to
distribute chilled water to heat exchangers in more than one room,
and which is not plugged into an electrical outlet.
8. “Client” means
a person who engages, or seeks to engage, the services of a licensed
home inspector for the purpose of obtaining an inspection and written
report of the condition of a residential building.
9. “Common elements”
means all portions of a condominium other than the units.
10. “Component”
means a readily accessible and observable element that comprises a
part of a system, and which is necessary for the safe, and/or, proper
function of the system.
11. “Conditioned
surface” means the surface of a floor and/or ceiling that is
being mechanically cooled and/or heated.
12. “Contract/Agreement
(Pre-Inspection)” means a written agreement between the client
and home inspector, signed prior to the inspection which contains the
responsibilities and duties of each party and fee to be paid.
13. “Cross connection”
means any physical connection or arrangement between potable water
and any source of contamination.
14. “Dangerous or
adverse situation(s)” means a situation that poses a threat of
injury to the inspector's health and welfare as determined by the
inspector.
15. “Decorative
ornamental” means something that is not required for the
operation of the essential systems and components of a home.
16. “Describe”
means to give an account in words of the relevant characteristics,
qualities, or events observed by the home inspector.
17. “Detached structure”
means a freestanding structure not attached to the primary dwelling.
18. “Direct supervision”
means the on-site and in-view observation and guidance of a
supervisee (i.e., associate home inspector) who is performing an
assigned activity during a home inspection.
19. “Dismantle”
means to take apart or remove any component, device, or piece of
equipment that is bolted, screwed, or fastened that a homeowner in
the course of normal household maintenance would not take apart other
than the electrical panel cover(s).
20. “Ductless/Split
system” means a ductless system that provides heating, cooling
and/or dehumidified air to an area that is not plugged into an
electrical outlet.
21. “Dwelling”
means a house, townhouse, condominium, cottage, or residential
building.
22. “Electrical
services” means all electrical services or repairs must be
performed by an individual who holds the required license.
23. “Environmental
services” means services that require physical samples to be
taken and analyzed by a laboratory to determine the type and presence
of contaminates and/or organic compounds.
24. “Essential
elements/items” means areas such as heating, plumbing, roofs,
entrance, mechanical, electrical, and water that are mutually shared
and directly attributed to the unit being inspected.
25. “Exclusions”
means those items that are not part of and/or that are not included
in the standards of practice and are to be provided by other
specialists of the client’s choice. However, they may be
included in the inspection as part of the optional fee-based
services.
26. “Feeder” means
all service conductors between the service equipment, the source of a
separately derived system, or other power supply source and the final
branch circuit over current device.
27. “Fully depreciated”
means an item/system/component inspected that is no longer under the
manufacturer’s warranty and it is reaching the end of its
serviceable life, that has no dollar value or salvageable value and
replacement should be anticipated.
28. “Functional
drainage” means a drain is functional when it empties in a
reasonable amount of time and does not overflow when another fixture
is drained simultaneously.
29. “Functional flow”
means a reasonable flow at the highest fixture in a dwelling when
another fixture is operated simultaneously.
30. “Further evaluation”
means an examination and analysis by a qualified professional,
tradesperson, or service technician is needed because the examination
is beyond the scope of the services of a home inspector as defined in
these rules and regulations.
31. “Heating
services/repair” means all heating service or repair must be
performed by an individual who holds the required license.
32. “Home inspection
company” means any licensed company or business entity that
employs or contracts a licensed inspector, or that subcontracts the
inspection or any portion of the inspection.
33. “Household
appliances” means kitchen and laundry appliances, room air
conditioners, and similar appliances.
34. “Indirect
supervision” means the oversight of activities other than
direct observation performed by the supervisor in order to provide
guidance. These activities may include: meeting with the supervisee;
reviewing reports prepared by the supervisee; review and evaluation
of the supervisee’s activities in connection with home
inspections; and supervisory conferences that may be conducted by
telephone.
35. “In need of repair”
means does not adequately function or perform as intended and/or
presents a safety hazard and therefore requires repair.
36. “Installed”
means attached or connected such that the installed item requires
tools for removal.
37. “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 operable access panels.
38. "Interior wiring”
means wiring including the exposed and readily observable feeder and
branch circuit wiring in the dwelling.
39. “Limited common
element” means a portion of the common elements, allocated by
declaration or by operation of R.I. Gen Laws. §§
34-36.1-2.02(2) or (4) for the exclusive use of one or more but fewer
than all of the units.
40. “Mock inspection”
means a simulated home inspection carried out for the purposes of
training only and no client is involved.
41. “National home
inspectors’ examination” means the written and/or
electronic competency examination approved by the Board and
administered by the Board or a Board-approved third party.
42. “Normal operating
controls” 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.
43. “Observe”
means the act of making a visual examination; to see, perceive, or
notice.
44. “Observable”
means the ability to inspect without the removal of fixed or finished
coverings, obstructions, and/or stored materials.
45. “On-site water
supply quality” means the condition of the potable water based
on an evaluation of its bacterial, chemical, mineral and solids
content.
46. “On-site water
supply quantity” means the volume of water available as
measured over a period of time.
47. “Operate”
means to cause systems or equipment to function using normal
operating controls.
48. “Optional services”
means services that are beyond the scope of the home inspection as
defined by the standards and which are agreed upon with the client,
with or without compensation (optional services for compensation are
referred to as “Optional Fee Based Services”).
49. “Plumbing services”
means all plumbing service or repair must be performed by an
individual who holds the required license.
50. “Primary windows and
doors” means windows and exterior doors that are designed to
remain in their respective openings year-round.
51. “Readily accessible”
means capable of being reached quickly for visual inspection without
requiring the inspector to climb over, remove, destroy, or dismantle
any personal property, and/or any action that will likely involve
risk to persons or property.
52. “Readily operable
access panel" means a panel provided for homeowner inspection
and maintenance, which has removable or operable fasteners or latch
devices in order to be lifted, swung open, or otherwise removed by
one person, and its edge and fasteners are not painted in place. The
panel must be within normal reach and not blocked by stored items,
furniture, or building components.
53. “Readily observable”
means able to be seen/observed at the time of the inspection without
the removal of installed or finished coverings and/or stored
materials.
54. “Readily observable
signs” means conditions of deterioration on the structure,
including, but not limited to: water stains, wood destroying fungi,
insect infestation and suggesting the potential for concealed damage.
55. “Recreational
facilities” means whirlpools, saunas, steam baths, swimming
pools, tennis courts, playground equipment, and other entertainment
or athletic facilities.
56. “Report” means
an electronic or written document by the inspector, setting forth
his/her findings from the home inspection and including a detailed
description of the condition of the systems and components observed
in accordance with standards of practice and scope of inspection.
The inspector must state in the report whether any system or
component observed is in need of repair or requires further
evaluation or investigation. Additionally, all reports must include:
the licensee’s license number; a notice that any claims
regarding the home inspection or the inspector who performed the
inspection may be directed to the Board; the current address and
telephone number of the Board; and, where applicable, a disclosure
that an inspection was performed by an associate home inspector.
57. “Representative
number” means for multiple identical interior components (such
as windows and electrical outlets) the inspector must inspect at
least two (2) such components per room, and for multiple identical
exterior components (such as outdoor electrical outlets) the
inspector must inspect at least one (1) such component on each side
of the dwelling, provided that the components to be inspected are
readily accessible.
58. “Roof drainage
system” means gutters, downspouts, leaders, splash blocks, and
similar components used to carry water off a roof and away from a
dwelling or residential building.
59. “Safe access”
means access free from any encumbrances, hazardous materials, or
health and safety hazards, which the inspector may determine will not
jeopardize his/her health and safety.
60. “Safety glazing”
means tempered glass, laminated glass, or rigid plastic.
61. “Safety hazard”
means a condition in a readily accessible installed system or
component that the inspector deems to be unsafe or of significant
risk of personal injury during normal day-to-day use. The risk may be
due to damage, deterioration, improper installation, or a change in
the accepted residential construction standards.
62. “Seller/Seller’s
representative” means the owner of the property or one legally
authorized to act on behalf of the owner, such as an administrator,
executor, guardian, or trustee, whether or not a natural person or
agent representing the seller.
63. “Shut down”
means the device or control cannot be operated in a manner that a
homeowner would normally use to operate it; turned off, unplugged,
inactive, not in service or not operational. If the safety switch or
circuit breaker is in the “off” position or the fuse is
missing or blown, the inspector is not required to reestablish the
circuit for the purpose of operating the equipment or system.
64. “Solid fuel heating
device” means any wood, coal, or other similar organic fuel
burning device, including, but not limited to: fireplaces (whether
masonry or factory built); fireplace inserts; stoves; central
furnaces; or any combination thereof.
65. “Structural
component” means a component that supports non-variable forces
or weights (dead loads) and variable forces or weights (live loads).
66 “Substantially
equivalent” means, as used in these Rules and Regulations with
respect to out of state licenses, the licensee must have taken and
passed the National Home Inspector Examination; must have a high
school degree, GED, or higher education; or if he/she took an
examination other than the National Home Inspector Examination and
he/she believes that it tests similar material, skills, and knowledge
as the National Home Inspector Examination, he/she must petition the
Board for review.
67. “Sufficient
lighting” means fully lighted with a minimum of 50 lumens in
all areas to be inspected.
78. “Supervisor”
means the licensed home inspector designated to oversee and supervise
the training of an associate home inspector, supervisee, and/or
trainee.
89. “System” means
a combination of interacting or interdependent components, assembled
to carry out one or more functions.
70. “Technically
exhaustive” means extensive use of measurements, instruments,
testing, calculations, and other means to develop scientific or
engineering findings, conclusions, or recommendations.
71. “Trainee”
means a person participating in the associate home inspector training
program who has not yet met the requirements for an associate home
inspector’s license.
72. "Underfloor
crawlspace” means the area within the confines of the
foundation and between the ground and the underside of the lowest
floor structural component, not including the basement.
73. “Unit” means
the physical portion of a condominium, designated for separate
ownership of occupancy, the boundaries of which are described in R.I.
Gen Laws § 34-36.1-2.05(a)(5).
74. “Window style air
conditioner” means any portable type of air conditioning unit,
regardless of installation.
75. “Wiring” means
the identification of electrical conductors or wires by their general
type, such as “non-metallic sheathed cable,” “Romex,”
“armored cable,” “BX,” or “knob and
tube,” etc.
5.5 General Administration and
Procedures
A. Administrative procedures
for the licensing of home inspectors and associate home inspectors
shall comply with the applicable provisions of R.I. Gen. Laws
Chapters 5-65, 5-65.1, and the following sections of Part
1 of this Subchapter:
1. Delivery of Notices: §
1.5(A) of this Subchapter.
2. Change of Address §
1.5(B) of this Subchapter
3. Public Records and
Information Requests: § 1.5(C) of this Subchapter.
4. Certification of
Registration/License § 1.5(D) of this Subchapter.
5. Filing Fees and Record
Changes § 1.5(E) of this Subchapter.
5.6 General Licensing Requirements
A. The licensing of home
inspectors and associate home inspectors shall comply with the
applicable provisions of R.I. Gen. Laws Chapters 5-65, 5-65.1, and
the following sections of Part
1 of this Subchapter:
1. License Required: §
1.6.1 of this Subchapter.
2. Transference of License
Prohibited: § 1.6.2 of this Subchapter.
3. Display of License Number:
§ 1.6.3 of this Subchapter.
4. Business Entity Licenses: §
1.6.4 of this Subchapter.
5. Nonresident
Persons/Registered Agent: § 1.6.5 of this Subchapter.
6. Change of License: §
1.6.6 of this Subchapter.
7. Effect on License Due to
Loss of Responsible Person: § 1.6.7 of this Subchapter.
B. As a condition of
licensure, all home inspectors and associate home inspectors who are
licensed with the Board, shall participate and make good faith
efforts to resolve all complaints, violations, and/or contested cases
within the jurisdiction of the Board. Failure to do so shall result
in the Board taking action against the home inspector or associate
home inspector, to the extent allowable by law, including suspending
of a home inspector or associate home inspector’s license,
without which a home inspector or associate home inspector cannot
perform work in the State of Rhode Island.
C. Grace Period: Compliance
with the requirements of this Part shall begin as of the date this
Part goes into effect. Enforcement of the licensing requirements
shall begin on April 1, 2020
5.7 Applications for Licensure
A. Applications for the
licensing of home inspectors and associate home inspectors shall
comply with the applicable provisions of R.I. Gen. Laws Chapters
5-65, 5-65.1, and the following sections of Part
1 of this Subchapter:
1. General Application: §
1.7.1 of this Subchapter.
2. Examination: § 1.7.2
of this Subchapter.
3. Effective Date/Term: §
1.7.3 of this Subchapter.
4. Renewal and Reissuance of
License: § 1.7.4 of this Subchapter.
5. Lapsed License: §
1.7.5 of this Subchapter.
6. Military Service License: §
1.7.6 of this Subchapter.
B. Associate Home Inspector
Conversion to Home Inspector:
1 An associate home inspector
licensed by the Board may apply for licensure as a home inspector
subject to the following:
a. During the period of
licensure for associate home inspector:
(1) Meet the requirements for
licensure for home inspector.
(2) No fee shall be charged.
(3) The effective date of the
home inspector license shall be the date of issuance and shall expire
on the same date as the previously issued associate home inspector
license.
2. Upon expiration of a
license for associate home inspector:
a. Meet the requirements for
licensure for home inspector.
C. Grandfather Clause:
1 After the effective date of
this Regulation the Board shall issue a license to any person upon
application, provided that the applicant:
a. Is of good moral character;
has successfully completed high school or its equivalent; has passed
an examination approved or administered by the board. The examination
may have been passed before the effective date of this Regulation,
and either;
b. Has been engaged in the
practice of home inspections for compensation for not less than one
year prior to the effective date of this chapter and has performed
not less than one hundred (100) home inspections for compensation
prior to the effective date of this chapter; or
c. Is a registered/licensed
contractor in good standing in any state for an aggregate of not less
than five (5) years; or
d. Is of good moral character;
has successfully completed high school or its equivalent, and
e. Has been engaged in the
practice of home inspections for compensation for not less than two
(2) years and performed not less than one hundred fifty (150) home
inspections for compensation prior to the effective date of this
regulation.
D. Reciprocity:
1. Pursuant to R.I. Gen. Laws.
§ 5-65.1-8, the Board shall issue a home inspector license to
any person who upon payment of the requisite fee and submission of a
completed application:
a. Holds a valid license
issued by another state or possession of the United States or the
District of Columbia, which has standards substantially equivalent to
those of this state as determined by the board; or
b. Is licensed in this state
as a state certified real estate appraiser or to practice
architecture or professional engineering, provided the person meets
the requirements set forth in R.I. Gen. Laws §§
5-65.1-4(a)(1), (a)(2), and (a)(4)
5.8 Educational Requirements -
Pre-Registration and Continuing Education
A. Educational requirements
for the licensing of home inspectors and associate home inspectors
shall comply with the applicable provisions of R.I. Gen. Laws §§
5-65, 5-65.1, and the following sections of Part
1 of this Subchapter:
1. Scope: § 1.8.1 of this
Subchapter.
2. Specifications: §
1.8.2 of this Subchapter.
3. Qualifying Education: §
1.8.3 of this Subchapter.
4. Course Materials and Fees:
§ 1.8.4 of this Subchapter.
5. Proof of Educational
Course Completion Compliance: § 1.8.5 of this Subchapter.
6. Educational Requirements: §
1.8.6 of this Subchapter.
7. Exception to Educational
Requirements: § 1.8.7 of this Subchapter.
8. Violations for Failing to
Complete Educational Requirements: § 1.8.8 of this Subchapter.
9. Educational Course
Providers § 1.8.9 of this Subchapter.
10. Educational Courses §
1.8.10 of this Subchapter.
11. Violations for Operating
as a Non-Approved Provider: § 1.8.11 of this Subchapter.
12. Penalties for Provider
Noncompliance: § 1.8.12 of this Subchapter.
B. Educational Requirements
1. As a condition for renewal
of licensure, a home inspector or associate home inspector shall
complete twelve (12) credit hours of continuing education courses
during each two (2) year licensing period.
2. The twelve (12) credit
hours shall be related to the practice of home inspection or topics
related to the licensee's business, including but not limited to,
report writing, building codes, business procedures, inspection of
particular systems and components (i.e. plumbing, mechanical,
roofing, exteriors, electrical, etc.).
3. At least one (1) credit
hour per renewal cycle shall be dedicated to professional ethics and
one (1) credit hour on standards of practice.
5.9 Complaint
A. The procedure for filing a
complaint against a home inspector or associate home inspector shall
comply with R.I. Gen. Laws Chapters 5-65, 5-65.1, and the following
sections of Part
1 of this Subchapter:
1. Duty to Participate: §
1.9.1 of this Subchapter.
2. Complaints Generally: §
1.9.2 of this Subchapter.
3. Board Initiated
Investigations: § 1.9.3 of this Subchapter.
4. The Board's Right to Refuse
and/or Dismiss Complaints: § 1.9.4 of this Subchapter.
5.10 Notice of Accepted Complaints
and Initial Board Investigation
The rules pertaining to the
notice of accepted complaints and initial board investigation shall
comply with R.I. Gen. Laws Chapter 5-65 and § 1.10 of this
Subchapter :
5.11 Prehearing Conferences and
Alternative Dispute Resolution
A. The rules pertaining to
Prehearing Conferences and Alternative Dispute Resolution shall
comply with R.I. Gen. Laws Chapter 5-65 and the following sections of
Part
1 of this Subchapter:
1. Pre-Hearing Conferences: §
1.11.1 of this Subchapter.
2. Alternative Dispute
Resolution: § 1.11.2 of this Subchapter.
3. Pre-Hearing/Alternative
Dispute Resolution Procedures: § 1.11.3 of this Subchapter.
4. Administrative Hearings
Based on Contested Cases: § 1.11.4 of this Subchapter.
5.12 Violations
A. The rules pertaining to
Violations and Penalties shall comply with R.I. Gen. Laws Chapter
5-65 and the following sections of Part
1 of this Subchapter:
1. Authority: § 1.12.1 of
this Subchapter.
2. Procedure for Investigating
and Processing Violations: § 1.12.2 of this Subchapter.
3. Notices of Violation /
Proposed Order: § 1.12.3 of this Subchapter.
4. Fines / Penalties: §
1.12.4 of this Subchapter.
5. Court Judgments /
Arbitration Awards - Effect on Registration/License: § 1.12.5 of
this Subchapter.
5.13 Appeals
A. The rules pertaining to
appeals shall comply with R.I. Gen. Laws § 5-65 and the
following sections of Part
1 of this Subchapter:
1. Appeal of Notice of
Violation to Hearing Officer: § 1.13.1 of this Subchapter.
2. Appeal of Final Order by
the Hearing Officer to the Full Board: § 1.13.2 of this
Subchapter.
3. Appeal of Final Order by
the Full Board to the Superior Court: § 1.13.3 of this
Subchapter.
5.14 Criminal Prosecution
The rules pertaining to
criminal prosecution shall comply with R.I. Gen. Laws Chapter 5-65
and § 1.14 of this Subchapter.
5.15 Administrative Hearings
A. The rules pertaining to
Administrative Hearings shall comply with R.I. Gen. Laws Chapters
42-35 and 5-65 and the following sections of Part
1 of this Subchapter:
1. Notice of Hearing: §
1.15.1 of this Subchapter.
2. Representation: §
1.15.2 of this Subchapter.
3. Filing of Pleadings and
Other Documents: § 1.15.3 of this Subchapter.
4. Service: § 1.15.4 of
this Subchapter.
5. Time: § 1.15.5 of this
Subchapter.
6. Motions: § 1.15.6 of
this Subchapter.
7. Discovery: § 1.15.7 of
this Subchapter.
8. Subpoenas: § 1.15.8 of
this Subchapter.
9. Evidence: § 1.15.9 of
this Subchapter.
10. Conduct of Hearings: §
1.15.10 of this Subchapter.
11. Decisions: § 1.15.11
of this Subchapter.
5.16 Expungements
The rules pertaining to
expungements shall comply with R.I. Gen. Laws Chapter 5-65 and §
1.16 of this Subchapter .
5.17 Default
The rules pertaining to
default shall comply with R.I. Gen. Laws Chapter 5-65 and § 1.17
of this Subchapter .
5.18 Disqualification/Incapacity
of Hearing Officer
The rules pertaining to
disqualification / incapacity of Hearing Officer shall comply with §
1.18 of this Subchapter .
5.19 Miscellaneous Provisions
The rules pertaining to
miscellaneous provisions shall comply with § 1.19 of this
Subchapter .
5.20 Hearings - Public Information
The rules pertaining to the
hearings - public information shall comply with § 1.20 of this
Subchapter .
5.21 Publication of Orders and
Notices
The publication of all orders
issued by the board and notices of hearing shall comply with the
requirements of R.I. Gen. Laws § 5-65-25.
5.22 Equal Access to Justice for
Small Business
The rules pertaining to the
equal access to justice for small business shall comply with §
1.22 of this Subchapter .
5.23 Severability
The rules pertaining to
severability shall comply with § 1.23 of this Subchapter .
5.24 Standards of Practice
A These standards of practice
are intended to provide home inspectors and associate home inspectors
with the purpose, scope, and requirements of a home inspection and to
provide the basic understanding of what work a home inspector is to
perform. These standards of practice are not all inclusive but are a
minimum standard upon which a home inspector/associate home inspector
must use as a foundation for his/her performance.
B These standards of practice
establish the minimum performance requirements for home inspectors
and associate home inspectors to conduct home inspections.
C For the purposes of §
5.22 of this Part, the term "inspector" refers to the
individual conducting the inspection, be it a licensed home
inspector, licensed associate home inspector, and/or trainee.
5.24.1 Purpose of Home
Inspection
A. The purpose of a home
inspection for residential building(s), including their attached
appurtenances, is to provide the client with an inspection report
that forthrightly discloses the physical conditions of all systems
and components which are readily accessible and observable, and
inspected pursuant to the contract, including those systems and
components which are safety hazards as observed at the time of the
inspection.
B. An inspection carried out
under the standards of practice for home inspections is not and shall
not be construed to be a comprehensive architectural and/or an
engineering study of the dwelling in question.
C. Because a home inspection
is limited in its scope and depth, the information provided to the
client is not intended to provide the client with protection from all
risks involved in the home buying process.
5.24.2 Access
Safe access and sufficient
lighting shall be provided to the inspector as to ensure that all
systems and areas to be inspected under this standard are readily
accessible and observable.
5.24.3 General Requirements
for Home Inspectors
A. Inspectors shall:
1. Observe readily accessible
and observable installed systems and components.
2. Submit a confidential
written report only to the client, unless instructed by the client:
3. Identify required
components.
4. Indicate which systems and
components have not been inspected.
5. Indicate the condition of
inspected systems and components that were found to be in need of
repair.
6. Record the client's name
and the address of the property inspected.
7. Record the on-site
inspection start and finish times.
8. Record the weather
conditions at the time of the inspection.
9. Record the existence of
obstructions and/or conditions that prevented the inspection of the
installed systems and components.
B. The report shall only
inform the client if additional investigation is required when:
1. The scope of the repair(s)
is unknown; or
2. There is potential for and
it is suspected that there is concealed damage; or,
3. The subject area is beyond
the scope of the home inspector's expertise.
C. A written contract and home
inspection report is required for all home inspections, with an
original copy of the contract and the home inspection report
delivered only to the client, unless otherwise directed by the
client.
D. The inspector must state in
the report whether any system or component observed is in need of
repair or requires further evaluation or investigation.
Additionally, all reports must include:
1. The licensee’s
license number;
2. A notice that any claims
regarding the home inspection or the home inspector/associate home
inspector who performed the inspection may be directed to the Board;
3. The current address and
telephone number of the Board; and,
4. Where applicable, a
disclosure that an inspection was performed by an associate home
inspector.
E. The oversight of activities
other than direct observation performed by the supervisor in order to
provide guidance may include, but are not limited to, meeting with
the supervisee; reviewing reports prepared by the supervisee; review
and evaluation of the supervisee’s activities in connection
with home inspections; and supervisory conferences that may be
conducted by telephone.
5.24.4 General Limitation
of the Home Inspection
A. General Limitations
1. Home inspections done in
accordance with the standards set forth in this Part are visual and
not technically exhaustive.
2. The home inspections
standards set forth in this Part are applicable to residential
buildings and condominium dwelling units, under one roof, and their
attached garages.
5.24.5 Scope of Home
Inspection
A. System: Roofing
1. The inspector shall observe
and report on:
a. Roof coverings,
b. Exposed roof drainage
systems,
c. Flashings,
d. Skylights, chimneys, and
roof penetrations, and
e. Roof penetrations.
2. The inspector shall
identify:
a. The type of roof covering
materials,
b. The roof drainage system,
and
c. The chimney materials.
3. The inspector shall note:
a. the methods used to observe
the roofing, and
b. any signs of previous
and/or active leaks.
4. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.5 and
5.22.6 of this Part, the inspector shall not be required to:
a. Walk on the roof unless in
the opinion of the Home Inspector walking on the roof will pose no
risk of personal injury or damage to the roofing components.
b. Observe and report on:
(1) Attached accessories
including, but not limited to: solar systems, antennae, satellite
dishes and lightning arrestors; and
(2) The interior of chimney
flues.
B. System: Exterior
1. The inspector shall observe
and report on:
a. Wall cladding,
b. Entryway doors and windows,
c. Garage door,
d. Decks/Balconies/porches/stoops/landings/steps,
e. Railings/guardrails,
f. Flashings,
g. Window wells, and
h. Driveways, walkways,
vegetation, grading, site drainage, and retaining walls with respect
to their effect on the condition of the dwelling and their ability to
provide safe egress.
2. The inspector shall
identify:
a. Wall-cladding materials,
and
b. The deck/porch component
materials.
3. The inspector shall:
a. Probe exposed readily
accessible and observable exterior components where deterioration is
suspected.
(1) Probing is not required
when probing would unduly damage any finished surface.
b. Operate garage doors (if
the garage is attached to the main dwelling), manually or by using
permanently installed controls of any garage door operator.
c. Test and report on the
presence of, or lack of, the visible safety reversing feature of
garage doors by interrupting the light beam.
4. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.5 and
5.22.6 of this Part, the inspector shall not be required to observe
and report on the following:
a. Storm doors and windows,
screening, shutters, awnings, and similar seasonal accessories,
b. Fences, landscaping, trees,
swimming pools, patios, irrigation systems,
c. Safety glazing,
d. Recreational facilities,
e. Any other dwelling units or
addresses in multi-unit buildings,
f. Outbuildings and detached
garages,
g. Underground utilities,
pipes, buried wires, or conduits, and
h. To install any object under
the vehicle door to test for the automatic reversing feature of a
vehicle door opener.
C. System: Structure
1. The inspector shall observe
and report on:
a. The foundation,
b. The floor structures,
c. The wall structures,
d. The ceiling structure, and
e. The roof structures.
2. The inspector shall
identify:
a. The foundation material,
b. The basement floors,
c. The presence of lighting
in the attic, and
d. The presence of collar
ties and rafter ties in the attic.
3. The inspector shall:
a. Probe exposed readily
accessible and observable structural components where deterioration
is suspected; however, probing is not required when probing would
unduly damage any finished surface;
b. Note the methods used to
observe under floor crawl spaces;
c. Note the methods used to
observe attics; and
d. Note signs of previous
and/or active water penetration into the basement, under floor crawl
space and attic including the presence of sump pumps and
dehumidifiers.
4. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.5 and
5.22.6 of this Part, the inspector shall not be required to:
a. Collect engineering data
such as the size, span, spacing, species, section modulus,
slenderness ratio, and/or modulus of elasticity of the structural
members;
b. Provide access to the items
being inspected (responsibility of client/ seller/seller's
representative);
c. Enter the under-floor crawl
space;
(1) If it is not readily
accessible,
(2) If access is obstructed
and/or if entry could damage the property,
(3) If a dangerous or adverse
situation is suspected and reported by the home inspector, or
(4) Observe and report on wood
destroying insects, rodents, and/or vermin unless specifically
contracted for in writing.
d. Enter the attic space:
(1). If it is not readily
accessible;
(2) If access is obstructed
and/or if entry could damage the property;
(3) If a dangerous or adverse
situation is suspected and Reported by the inspector; or
(4) Walk on the exposed and/or
insulation covered framing members.
D. System: Electrical
1. The inspector shall observe
and report on;
a. The exterior service
entrance conductors,
b. The service equipment,
including the main overcurrent device,
c. The grounding system
device,
d. The service and
distribution panels by removing the enclosure cover,
e. The branch circuit,
overcurrent devices, and conductor capability; and
f. A representative number of
interior and exterior receptacles.
2. The inspector shall
identify:
a. The service as being
overhead or underground,
b. The type of interior
wiring,
c. The ampacity of the main
service-disconnect,
d. The location of the
service and distribution panels, and
e. The presence of aluminum
wiring in branch circuits.
3. The inspector shall test:
a. The polarity and grounding
of a representative number of receptacles; and
b. The operation of a
comprehensible sample of all readily accessible ground fault circuit
interrupters.
4. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.5 and
5.22.6 of this Part, the inspector shall not be required to:
a. Collect engineering data on
the compatibility of the overcurrent devices with the panel and/or
determine the short circuit interrupting current capacity;
b. Determine the adequacy of
the ground and/or the in-place systems to provide sufficient power to
the dwelling or reflect on the sufficiency of the electric
distribution system in the dwelling;
c. Insert any tool, probe, or
testing device inside the panels;
d. Test or operate any
overcurrent device except ground fault circuit interrupters;
e. Dismantle any electrical
device or control other than to remove the covers of the service and
distribution panels. However, the inspector is not required to remove
the covers of the service and distribution panels if the panel covers
are not readily accessible, if there are dangerous or adverse
situations present, or when removal would damage or mar any painted
surface and/or covering materials; and/or
f. Observe or report on:
(1) The quality of the
conductor insulation,
(2) Low voltage systems,
doorbells, thermostats, and/or other,
(3) Telephone, security
alarms, cable TV, intercoms, or other ancillary wiring that is not a
part of the primary electrical distribution system,
(4) Underground utilities,
pipes, buried wires, or conduits, and
g. Test or operate arc fault
circuit interrupters.
E. System: Plumbing
1. The inspector shall observe
and report on:
a. The water supply and
distribution system, including;
(1) Piping, including supports
and insulation;
(2) Fixtures;
(3) Faucets;
b. The drain waste and vent
system, including;
(1) Piping, including
supports; and
(2) Traps; drain, waste, and
vent piping; piping supports and pipe insulation.
c. Hot water systems,
including;
(1) Water heating equipment;
(2) Normal operating controls;
(3) The presence of automatic
safety controls;
(4) Flue piping.
2. The inspector shall
identify:
a. The type(s) of water
distribution piping materials;
b. The type(s) of drain,
waste, and vent piping;
c. The type of water heating
equipment, and the nameplate capacity of the water heating equipment
(gallons and/or gallons per minute); and
d. The location of the main
shut off valve.
3. The inspector shall operate
all plumbing fixtures where practical, including their faucets if
readily accessible.
4. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.5 and
5.22.6 of this Part, the inspector shall not be required to:
a. Test the operation of any
valve except water closet flush valves and fixture faucets;
b. Collect engineering data on
the size of or length of water and/or waste systems and/or remove
covering materials;
c. Report on the adequacy
and/or the efficiency of the in-place systems to provide sufficient
hot water to the dwelling, sufficient water supply, or drainage for
the dwelling;
d. State the effectiveness of
anti-siphon devices;
e. Determine whether water
supply and waste disposal systems are public or private, and/or
f. Observe, operate, or report
on:
(1) The exterior hose bibs;
(2) Fire suppression systems;
(3) Irrigation systems;
(4) Water quality;
(5) Wells and their related
equipment;
(6) Foundation sub drainage
systems;
(7) The interior of flue
linings;
(8) Underground utilities,
pipes, buried wires, or conduits;
(9) Water conditioning and
filtration components and systems, and
(10) Operate any laundry
equipment, including washing machines and dryers.
F. System: Heating
1. The inspector shall observe
and report on:
a. Heating equipment;
b. Normal operating controls;
c. Automatic safety controls;
d. The exterior of the
chimneys, flue piping and vents;
e. Heating distribution
systems;
f. Insulation;
g. The presence of an
installed heat source in each habitable room including kitchens and
bathrooms;
h. The presence of a
fireplace(s) and the operation of their damper(s); and
i. Readily observable fuel
storage tanks and their related components.
2. The inspector shall:
a. Identify the type of energy
source;
b. Identify the heating
equipment;
c. Identify the type of
distribution system;
(1) Piping, and
(2) Duct work.
d. Open readily accessible
and operable access panels provided by the manufacturer or installer
for routine homeowner maintenance.
3. The inspector shall note:
a. The absence of an installed
heat source in habitable rooms including kitchens and bathrooms;
b. The presence of exposed
flues in the smoke chamber being utilized by other appliances;
c. The existence of abandoned
oil tanks; and
d. Any observed evidence of
underground fuel storage tanks.
4. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.5 and
5.22.6 of this Part, the inspector shall not be required to:
a. Test and/or inspect the
heat exchanger. This requires dismantling of the furnace cover and
possible removal of controls;
b. Collect engineering data on
the size of the heating equipment and/or the size or length of the
distribution systems;
c. Report on the adequacy or
uniformity of the in-place system(s) to heat the dwelling and/or the
various rooms within the dwelling;
d. Attempt to override
heating or cooling temperature limit sensors;
e. Operate heating systems
when weather conditions or other circumstances may cause equipment
damage, or when the electrical and/or fuel supply to the unit is in
the off position;
f. Ignite or extinguish solid
fuel and/or gas fires;
g. Identify the type of
insulation coverings;
h. Inspect humidifiers and
electronic air filters;
i. Inspect the interior of
flues; and
j. Inspect fireplace insert
flue connections.
G. System: Central Air
Conditioning
1. The inspector shall observe
and report on:
a. Cooling and air handling
equipment;
b. Normal operating controls;
c. Cooling distribution
systems; and
d. The insulation on the
exposed supply ductwork.
2. The inspector shall:
a. Identify the type of
distribution system;
b. Operate the systems using
normal operating controls; and
c. Open readily accessible
operable access panels provided by the manufacturer or installer for
routine homeowner maintenance and report on conditions observed.
3. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.5 and
5.22.6 of this Part, the inspector shall not be required to:
a. Collect engineering data on
the size of the cooling equipment, the size or length of the
distribution systems;
b. Identify the type of
insulation coverings;
c. Report on the air filter
condition or effectiveness;
d. Operate the cooling systems
when weather conditions or other circumstances may cause equipment
damage, or when the electrical supply to the unit is in the off
position;
e. Inspect evaporator coils;
or
f. Report on the adequacy or
uniformity of the in-place system(s) to cool the dwelling and/or the
various rooms within the dwelling.
H. System: General Interior
Conditions
1. The inspector shall observe
and report on:
a. Walls;
b. Ceilings;
c. Floors;
d. Steps, stairways,
balconies;
e. Hand and guard railings;
f. Counter tops and a
representative number of cabinets;
g. A representative number of
doors and windows; and
h. Separation walls, ceilings,
and doors between a dwelling unit and an attached garage or another
dwelling unit.
2. The inspector shall:
a. Note signs of water
penetration; and
b. Operate a representative
number of kitchen cabinets and drawers, doors and windows.
3. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.5 and
5.22.6 of this Part, the inspector shall not be required to:
a. Observe and report on the
following:
(1) Paint, wallpaper, and
other finish treatments on the interior walls, ceilings, and floors;
and
(2) Draperies, blinds, or
other window treatments.
b. Determine the fire safety
rating of any walls, ceilings, and doors between a dwelling unit and
an attached garage or another dwelling unit.
I. System: Insulation and
Ventilation
1. The inspector shall observe
and report on:
a. Exposed insulation in
unfinished spaces;
b. Ventilation of attics and
under floor crawl space areas;
c. Bathroom venting systems;
and
d. Kitchen venting system.
2. The inspector shall
identify the existence and/or absence of bathroom ventilation other
than a window(s).
3. Exclusions: In addition to
the exclusions and prohibitions found in §§ 5.22.6 and
5.22.6 of this Part, the inspector shall not be required to observe
and report on the following:
a. The type(s) amounts or
adequacy of insulation and/or its material make up;
b. Concealed insulation and
vapor retarders; or
c. The adequacy, uniformity,
and capacity of the in-place system(s) to ventilate the various areas
of the dwelling.
5.24.6 General Exclusions
A. In addition to the specific
exclusions as described in § 5.22.6 of this Part, inspectors
shall not be required to provide information on:
1. The remaining life
expectancy of any component or system;
2. The causes of the need for
repair;
3. The materials for
corrections of the problem;
4. The methods of repair other
than to indicate the repair should comply with applicable
requirements of the governing codes and sound construction practices;
5. Compliance or
non-compliance with applicable regulatory requirements unless
specifically contracted for in writing;
6. Any component or system not
required to be inspected by this Part;
7. Cosmetic items;
8. Items that are not readily
accessible and observable, underground items, or items not
permanently installed; or
9. Systems or components
specifically excluded by client (as noted in writing in the contract
or in the report).
B. Inspectors shall not be
required to:
1. Offer warranties,
guarantees and/or insurance policies of any kind on the property
being inspected;
2. Collect any engineering
data (the size of structural members and/or the output of mechanical
and/or electrical equipment);
3. Inspect spaces that are not
readily accessible and observable. Enter any area or perform any
procedure, which may damage the property or its components, or be
dangerous and unsafe to the inspector or other persons, as determined
by and reported by the inspector;
4. Disturb or move insulation,
stored and/or personal items, furniture, equipment, plant life, soil,
snow, ice, or debris that obstructs access or visibility;
5. Determine the effectiveness
of any system installed to control or remove suspected hazardous
substances;
6. Predict future conditions,
including but not limited to failure of components;
7. Project operating costs of
components;
8. Determine extent or
magnitude of damage or failures noted;
9. Operate any system or
component which does not respond to normal operating controls;
10. Test for radon gas;
11. Determine the presence or
absence of pests including, but not limited to, rodents or wood
destroying insects;
12. Determine the energy
efficiency of the dwelling as a whole or any individual system or
component within the dwelling;
13. Perform environmental
services including determining the presence or verifying the absence
of any micro-organisms or suspected hazardous substances including,
but not limited to, carbon monoxide, latent surface and/or
subsurface volatile organic compounds, PCB's, asbestos, UFFI, toxins,
allergens, molds, carcinogens, lead paint, radon gas, electromagnetic
radiation, noise, odors, or any contaminants in soil, water, air wet
lands and/or any other environmental hazard not listed in this Part;
14. Determine the level of
sound proofing between walls, ceilings, floors, doors and between
dwelling units;
15. Inspect surface and
subsurface soil conditions; and
16. Inspect household
appliances
5.24.7 Prohibitions
A. Inspectors are prohibited
from:
1. Reporting on the market
value of property or its marketability and/or the suitability of the
property for any use;
2. Advising their client about
the advisability or inadvisability of the purchase of the property;
3. Offering or performing any
act or service contrary to law and/or these regulations;
4. Determining the cost of
repairs of any item noted in their report and/or inspected by them
and/or their firm;
5. Offering to make and/or
perform any repair or provide any remedy, including but not limited
to, performing engineering, architectural, surveying, plumbing,
electrical and heating services, pest control (treatment), urea
formaldehyde or any other job function requiring an occupational
license and/or registration (in the jurisdiction where the inspection
had taken place) on a dwelling, and/or residential building inspected
by his/her firm. The only exception is if those repairs and/or
services are part of a negotiated settlement of a complaint and/or
claim against the home inspector and/or the firm he/she/represents.
6. Operating any system or
component that is shut down or otherwise inoperable.
a. However, the home inspector
shall recommend that the seller and/or the seller's representative
demonstrate that those systems and/or components are functional.
7. Turn on any electrical or
fuel supply and/or devices that are shut down.
5.24.8 Optional Fee Based
Services
A. An inspector may provide
additional home inspection related services to address items not
otherwise included, or which are specifically excluded by this Part,
provided the service is contracted for in writing, included in the
report, does not include the physical repair, abatement, or treatment
to the dwelling, and/or residential building being inspected, and is
not prohibited under § 5.22.7 of this Part.
B. An inspector may provide
services that require additional licensure and/or registration, so
long as the inspector states in writing to the client, that he/she is
properly licensed and/or registered to perform those services in the
jurisdiction where the work is to be performed.
5.24.9 Ethical Standards
and Professional Conduct
A. Requirement to respond to
the Board.
1. A licensee shall respond
within ten (10) days to a written communication from the Board or its
designee and shall make available to the Board any relevant
records/documents with respect to an inquiry or complaint about the
licensee’s professional conduct. The ten-day period commences
on the date that the Board sends the communication to the licensee’s
address of record.
2. A licensee shall cooperate
with any reasonable request from any Board staff or Board member or
other agent or employee acting on behalf of the Board while
investigating a complaint/claim or allegations regarding the
licensee’s professional conduct as a home inspector or
associate home inspector.
B. Welfare of persons served.
1. Licensees shall not provide
any services beyond the scope of their practice or for which they are
not appropriately licensed and/or registered.
2. Licensees shall not
misrepresent licenses, registrations, certifications, qualifications,
affiliations, educational background, or experience in the profession
to the public, colleagues, or other individuals or entities.
3. Licensees shall fully
inform persons served of the nature and limitations of services
rendered or to be rendered.
4. Licensees shall disclose,
in writing, including a written statement imbedded in the report, in
bold print, in an obvious location, any financial or family
relationship with the seller, the seller’s representative
and/or the seller’s representative office.
5. A licensee shall impose a
fee for services rendered only. If a client refuses access to an area
that is included within the terms of the contract, the home inspector
may include the fee for those areas as if they had been inspected.
6. A licensee may charge a
cancellation fee so long as the cancellation fee is included in the
terms of the contract.
7. Unless required by law, the
licensee shall not reveal any confidential, privileged, or sensitive
information obtained from the home inspection or individual that the
licensee serves professionally, to any unauthorized person, without
the expressed written permission of the client.
8. Licensees shall take all
reasonable precautions to avoid injuring persons and property in the
delivery of professional services.
9. Licensees follow acceptable
patterns of professional conduct with all clients.
10. Licensees shall stamp
and/or sign only those documents reviewed or prepared by them
certifying that they are in conformity with RI Gen. Laws Chapter
5-65.1 and Parts 1 and 5 of this Subchapter .
5.24.10 Professional
Objectivity/Conflict of Interest
A. Licensees shall maintain
objectivity in all matters concerning the welfare of persons served
professionally.
B. Licensees must guard
against conflicts of professional interest and shall not engage in
commercial activities that conflict with their responsibilities to
clients or to colleagues.
C. Licensees shall promptly
disclose to a client, or potential client, information about any
business interest of the licensee that may affect the client or the
potential client in connection with the home inspection.
D. Licensees shall not accept
fees, gifts, or other forms of gratuities for the recommendation or
non-recommendation of a particular contractor, product, or referral
source.
E. Licensees shall not provide
fees or insurance waivers of liability to real-estate offices,
buyer’s brokers, real estate brokers or salespersons and/or
seller’s representatives.
F. Licensees shall not
knowingly engage or associate with any person or business entity in
which the licensee has reason to believe is engaging in fraudulent or
dishonest business or professional practices.
G. Home inspectors and/or
associate home inspectors shall not inspect properties under
contingency fee agreements whereby compensation or future referrals
are dependent on the home inspection report or the sale of a
property.
H. Licensees having knowledge
of any alleged violation of RI Gen. Laws Chapters 5-65, 5-65.1,
and/or Parts 1 and 5 of this Subchapter, shall immediately report the
violation(s) to the Board and cooperate with any investigation
conducted by the Board and/or its designees.
I. The inspector shall not pay
any fee to real-estate offices, buyer’s brokers, real estate
brokers or salespersons and/or seller’s representatives in
order to be placed on a "referral/preferred inspector"
list.
5.24.11 Record Keeping
Home inspectors and associate
home inspectors shall maintain a copy of all reports prepared by
them, or under their supervision, for a period of not less than three
(3) years from the completion date of the written report.