Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1410 - HOME INSPECTOR LICENSE ACT › Subpart A - DEFINITIONS › Section 1410.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
Unless otherwise clarified by this Part, definitions set
				  forth in the Act also apply for the purposes of this Part.
"Act" means the Home Inspector License Act [225 ILCS
				  441 ].
"Address of record" means the designated street
				  address, which may not be a post office box, recorded by the Department in the
				  applicant's or licensee's application file or license file maintained by the
				  Department.
[225 ILCS 441/1-10 ]
"CE" is an abbreviation for continuing education.
"Compensation" means the valuable consideration or the
				  intention or expectation of receiving valuable consideration given by one
				  person or entity to another person or entity in exchange for the performance of
				  some activity or service. Compensation shall not include a franchise fee paid
				  by a licensee to a franchisor pursuant to the terms of a franchise agreement
				  provided the franchisor does not engage in "home inspection" activity as
				  described in Section 1-10 of the Act. Compensation shall otherwise include the
				  transfer of valuable consideration, including without limitation the
				  following:
commissions;
referral fees;
bonuses;
prizes;
merchandise;
finder fees;
performance of services;
coupons or gift certificates;
discounts;
rebates;
a chance to win a raffle, drawing, lottery, or similar game
				  of chance not prohibited by any other law or statute;
retainer fee; or
salary.
"Department" means the Department of Financial and
				  Professional Regulation.
"Director" means the Director of the Division of Real Estate,
				  with the authority delegated by the Secretary.
"Division" means the Department of Financial and Professional
				  Regulation-Division of Real Estate.
"Education Provider" means an entity or person licensed by
				  the Department offering courses in pre-license or continuing education.
"Email address of record" means the designated email
				  address recorded by the Department in the applicant's application file or the
				  licensee's license file, as maintained by the Department.
[225 ILCS
				  441/1-10 ]
"Field Inspection Event" means a pre-license course that is
				  an inspection and evaluation of the exterior and interior components of an
				  actual residential real property conducted by a candidate for a home inspection
				  license under the direct supervision of an Illinois licensed home inspector
				  with at least 5 years' experience, conducted on-site and in person. A licensed
				  home inspector can supervise a maximum of 5 licensure candidates in each Field
				  Inspection Event.
"Home inspector" means a person or entity who, for
				  another and for compensation either direct or indirect, performs home
				  inspections.
[225 ILCS 441/1-10 ]
"Home inspection report" or "inspection report" means
				  a written evaluation prepared and issued by a home inspector upon completion of
				  a home inspection, which meets the standards of practice as established by the
				  Department.
[225 ILCS 441/1-10 ]
"Home Study" or "Correspondence Course" means an education
				  course that is administered independently by the student in a self-study
				  format, outside of a classroom, physical, or virtual meeting space, and is not
				  required to include communication with an instructor. There is no requirement
				  for the ongoing verification of the student's participation and comprehension,
				  except for the administration of the proctored final examination required in
				  connection with a non-interactive course. Home study or correspondence courses
				  may include, but are not limited to, courses comprised of print or
				  non-interactive media.
"Interactive Webinar" means delivery of a course by an
				  instructor through a virtual or online medium allowing for live 2-way
				  communication between the instructor and student in which either can initiate
				  or respond to questions, including live instruction and real-time discussion
				  via satellite, video or webcam that allows for student participation and
				  comprehension.
"Learning Management System" means a software application
				  used for the administration, documentation, tracking, reporting, and delivery
				  of educational courses or training programs.
"Managing Home Inspector" means a designated managing home
				  inspector, licensed by the Department, for a home inspector entity and who is
responsible for the actions of all licensed and unlicensed employees,
				  agents, and representatives of that home inspector entity while it is providing
				  a home inspection or home inspection service.
[225 ILCS
				  441/5-12 ]
"Online Distance Education" means education courses that are
				  interactive, but not in real time, in which students independently learn and
				  review material online, and, for verification of the student's participation
				  and comprehension, interact with an instructor or Learning Management
				  System.
"Person" means individuals, entities, corporations,
				  limited liability companies, registered limited liability partnerships, and
				  partnerships, foreign or domestic, except that when the context otherwise
				  requires, the term may refer to a single individual or other described
				  entity.
[225 ILCS 441/1-10 ]
"Proctor" means any person, including an instructor, who has
				  a written agreement with a licensed education provider to administer, in person
				  or electronically, examinations fairly and impartially with a licensed
				  education provider.
"Residential real property" means real property that
				  is used or intended to be used as a residence by one or more
				  individuals.
[225 ILCS 441/1-10 ]
"Secretary" means the Secretary of the Department of
				  Financial and Professional Regulation or the Secretary's designee.
"Standards of Practice" means
recognized standards to
				  be used in a home inspection, as determined by the Department, and established
				  by
this Part. [225 ILCS 441/1-10 ] Standards of
				  practice are the guidelines for the appropriate conduct of home inspections
				  described in Subpart C.