New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Alarm systems
					 means installed or freestanding warning devices including, but not limited to,
					 smoke detectors, carbon monoxide detectors, flue gas and other spillage
					 detectors and security equipment.
(b) Central air conditioning means a system
					 that uses either ducts to distribute cooled and/or dehumidified air to more
					 than one room of a residential building or pipes to distribute chilled water to
					 heat exchangers in more than one room in a residential building, and which is
					 not plugged into an electrical convenience outlet.
(c) Component means a readily accessible and
					 observable aspect of a system such as a floor or a wall, but not individual
					 pieces such as boards or nails where many similar pieces make up the
					 component.
(d) Dangerous or adverse
					 situations means situations that pose a threat of injury to the home inspector
					 including, but not limited to, those situations in which the home inspector is
					 required to use special protective clothing or other safety
					 equipment.
(e) Decorative means a
					 component or part thereof that is ornamental and not required for the proper
					 operation of the essential systems and components of a home.
(f) Dismantle means to take apart or remove
					 any component, device, or piece of equipment that is bolted, screwed, or
					 fastened and that a homeowner in the course of normal household maintenance
					 would not dismantle.
(g)
					 Engineering, practice of means as that term is defined in Education Law, title
					 VIII, article 145, section 7201.
(h) Engineering study means a study requiring
					 engineering services.
(i)
					 Functional drainage means the operation of a drain whereby a drain empties in a
					 reasonable amount of time and does not overflow when another fixture is drained
					 simultaneously.
(j) Functional flow
					 means a reasonable flow at the highest fixture in a dwelling when another
					 fixture is operated simultaneously.
(k) Further evaluation means the examination
					 and analysis by a qualified professional, tradesman, or service technician
					 beyond that provided by the home inspection.
(l) Household appliances means kitchen and
					 laundry appliances, room air conditioners, and similar appliances.
(m) Inspect means to visually examine any
					 system or component of a building in accordance with these standards of
					 practice, using normal operating controls and opening readily operable access
					 panels.
(n) Installed means
					 attached or connected such that the installed item requires tools for
					 removal.
(o) Normal operating
					 controls means homeowner operated devices such as a thermostat, wall switch, or
					 safety switch.
(p) Observable means
					 able to be observed at the time of the inspection without the removal of
					 covering, fixed, finished and or stored materials.
(q) Observe means the act of making a visual
					 examination.
(r) On-site water
					 supply quantity means the volume of water that is available for domestic
					 use.
(s) Operate means to cause
					 systems or equipment to function.
(t) Primary windows and doors means windows
					 and exterior doors that are designed to remain in their respective openings
					 year-round.
(u) Readily accessible
					 means available for visual inspection without requiring the home inspector to
					 remove or dismantle any personal property, use destructive measures, or take
					 any action which will likely involve risk to persons or property.
(v) 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 edges and fasteners are not painted in
					 place. The panel must be within normal reach and not blocked by stored items,
					 furniture or building components.
(w) Recreational facilities means spas,
					 saunas, steam baths, swimming pools, tennis courts, playground equipment, and
					 other entertainment or athletic facilities.
(x) Report means a written document setting
					 forth findings of home inspection unless otherwise specified in these
					 regulations.
(y) Representative
					 number means for multiple identical components such as windows and electrical
					 outlets, one such component per room. For multiple identical exterior
					 components this term shall mean one such component on each side of the
					 building.
(z) Roof drainage systems
					 means gutters, down spouts, leaders, splash blocks, and similar components used
					 to carry water off a roof and away from a building.
(aa) Safe access means access free of any
					 encumbrances, hazardous materials, health and safety hazards such as climbing
					 and/or standing on other than the ground and/or floor which may jeopardize the
					 inspector.
(ab) Safety glazing
					 means tempered glass, laminated glass or rigid plastic.
(ac) Shut down means a piece of equipment or
					 a system is shut down when the device or control cannot be operated in a manner
					 that a homeowner would normally use to operate it. 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.
(ad) 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 and
					 stoves, wood stoves (room heaters), central furnaces, and any combination of
					 these devices.
(ae) Structural
					 component means a component that supports non-variable forces or weights (dead
					 loads) and variable forces or weights (live loads).
(af) System means a combination of
					 interacting or interdependent components, assembled to carry out one or more
					 functions.
(ag) Technically exhaustive means an inspection is
						technically exhaustive when it involves the extensive use of measurements,
						instruments, testing, calculations, and other means to develop scientific or
						engineering findings, conclusions, and recommendations.
(ah) Under floor crawl space means the area
					 within the confines of the foundation and between the ground and the underside
					 of the lowest floor structural component.
(ai) Unsafe means a condition in a readily
					 accessible, installed system or component, which is judged by the home
					 inspector to be 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 standard.
(aj) Water supply quality means the quality
					 of a residential building's water supply based on the bacterial, chemical,
					 mineral, and solids content of the water.