Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 70 - Home Inspection Industry Regulations › Subchapter 1 - General Provisions › Section 158:70-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Act"
means the Home Inspection Licensing Act,
				  found at 59 O.S. §
									858-621,
et seq
.
"Alarm systems"
means warning devices, installed
				  or free-standing, including but not limited to: carbon monoxide detectors, flue
				  gas and other spillage detectors, security equipment, ejector pumps and smoke
				  alarms.
"Applicant"
means any person applying for an
				  examination for a license or registration, or for continuing education
				  approval, under the Act.
"Architectural service"
means any practice
				  involving the art and science of building design for construction of any
				  structure or grouping of structures and the use of space within and surrounding
				  the structures or the design for construction, including but not specifically
				  limited to, schematic design, design development, preparation of construction
				  contract documents, and administration of the construction contract.
"Board"
means the Construction Industries
				  Board.
"Certificates of course completion"
means a
				  document acceptable to the Committee which signifies satisfactory completion of
				  course work and reflects the hours of credit earned.
"Cheating"
means any unapproved deviation from
				  any official instruction given before, during or after a home inspector license
				  examination for the purpose of affecting or influencing the examination results
				  or otherwise providing an undue advantage to any examinee.
"Classroom hour"
,
"credit hour"
,
				  and
"clock hour"
means at least fifty (50) minutes of classroom
				  instruction with a ten (10) minute break.
"Client"
means a person with a direct material
				  interest in the outcome of a home inspection who hires and compensates a home
				  inspector for the performance of a home inspection.
"Committee"
means the Committee of Home
				  Inspector Examiners established by the Home Inspection Licensing Act, 59 O.S.
				  §
									858-624.
"Component"
means a part of a system.
"Continuing education"
and
"CE"
means education that is approved by the Committee to satisfy education
				  requirements in order to renew licensure as a home inspector.
"Continuing education verification form"
means a
				  form acceptable to the Committee and completed by the course provider, that
				  documents compliance with the continuing education requirements.
"Cosmetic"
means a condition that affects
				  appearance but not the manner in which the system or component
				  functions.
"Decorative"
means ornamental; not required for
				  the operation of the essential systems and components of a home.
"Defect"
means a condition, malfunction or
				  problem, which is not decorative or cosmetic, that would have a materially
				  adverse effect on the value of a system or component, or would impair the
				  health or safety of the occupants or client.
"Describe"
means to report a system or component
				  by its type or other observed, significant characteristics to distinguish it
				  from other systems or components.
"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.
"Engineering service"
means any professional
				  service or creative work requiring engineering education, training, and
				  experience and the application of special knowledge of the mathematical,
				  physical and engineering sciences to such professional service or creative work
				  as consultation, investigation, evaluation, planning, design and supervision of
				  construction for the purpose of assuring compliance with the specifications and
				  design, in conjunction with structures, buildings, machines, equipment, works
				  or processes.
"Further evaluation"
means examination and
				  analysis by a qualified professional, tradesman or service technician beyond
				  that provided by the home inspection.
"Home"
or
"residence"
means any
				  dwelling, from one to four (1-4) units in design, intended principally for
				  residential purposes by one (1) or more individuals.
"Home inspection"
or
"inspection"
means a visual examination of any or all of the readily accessible
				  physical real property and improvements to real property consisting of four or
				  fewer dwelling units, including structural, lot drainage, roof, electrical,
				  plumbing, heating and air conditioning and such other areas of concern as are
				  specified in writing to determine if performance is as intended.
[59
				  O.S. §
									858-622(3)
				  ]
"Home inspection license unit"
means the staff
				  and administrative support unit to the Committee of Home Inspector
				  Examiners.
"Home inspection report"
means a written opinion
				  of the functional and physical condition of property written by the licensed
				  home inspector pursuant to home inspection.
"Home Inspection Training"
means prelicense
				  education that is approved by the Committee to satisfy the education
				  requirements to qualify an applicant to take a home inspector examination for
				  licensure as a home inspector.
"Home inspector"
means an individual licensed
				  pursuant to the Home Inspection Licensing Act who, for compensation, conducts
				  home inspections.
"Inspect"
means to examine readily accessible
				  systems and components of a building in accordance with these Standards of
				  Practice, using normal operating controls and opening readily openable access
				  panels.
"Installed"
means attached such that removal
				  requires tools.
"Instructor"
means a person who presents course
				  materials approved for qualifying education and continuing education credit
				  hours that has the experience, training, and/or education in the course subject
				  matter and has been approved by the Committee.
"Normal working order"
means the system or
				  component functions without defect for the primary purpose and manner for which
				  it was designed.
"Normal operating controls"
means devices such
				  as thermostats, switches or valves intended to be operated by the
				  homeowner.
"Practice of Architecture"
means that practice
				  defined in 59 O.S. §
									46.3(2)
				  and exempt from the Home Inspection Licensing Act under 59 O.S. §
									858-623(B).
"Professional craftsman"
means a person who can
				  demonstrate by certification, education or experience, specialized skill in the
				  construction or repair of homes, duplexes, apartment buildings or similar
				  structures. Persons demonstrating specialized skill by experience alone must be
				  able to show that they have been actively engaged in their profession, trade or
				  craft for at least one (1) year prior to the performance of a single item
				  inspection.
"Provider"
means a person, corporation,
				  professional association or its local affiliates, or any other entity, which is
				  approved by the Committee and provides approved home inspection training or
				  continuing education to home inspectors.
"Readily accessible"
means available for visual
				  inspection without requiring moving of personal property, dismantling,
				  destructive measures, or any action which will likely involve risk to persons
				  or property.
"Readily openable access panel"
means a panel
				  provided for homeowner inspection and maintenance that is within normal reach,
				  can be removed by one person, and is not sealed in place.
"Reciprocity agreement"
means an agreement
				  whereby a home inspector who is licensed in other states with substantially
				  similar or greater licensure requirements may be licensed in this State after
				  payment of a fee for licensing by reciprocity.
"Recreational facilities"
means spas, saunas,
				  steam baths, swimming pools, exercise, entertainment, athletic, playground or
				  other similar equipment and associated accessories.
"Report"
means to communicate in writing.
"Roof drainage systems"
means components used to
				  carry water off a roof and away from a building.
"Shut down"
means a state in which a system or
				  component cannot be operated by normal operating controls.
"Solid fuel burning appliances"
means a hearth
				  and fire chamber or similar prepared place in which a fire may be built and
				  which is built in conjunction with a chimney; or a listed assembly of a fire
				  chamber, its chimney and related factory-made parts designed for unit assembly
				  without requiring field construction.
"Structural component"
means a component that
				  supports non-variable forces or weights (dead loads) and variable forces or
				  weights (live loads).
"System"
means a combination of interacting or
				  interdependent components, assembled to carry out one or more functions.
"Technically exhaustive"
means an investigation
				  that involves dismantling, the extensive use of advanced techniques,
				  measurements, instruments, testing, calculations, or other means.
"Under-floor crawl space"
means the area within
				  the confines of the foundation and between the ground and the underside of the
				  floor.
"Unsafe"
means a condition in a readily
				  accessible, installed system or component which is judged to be a significant
				  risk of personal injury during normal operation. The risk may be due to damage,
				  deterioration, improper installation or a change in accepted residential
				  construction standards.
"Wiring methods"
means 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.
Added at 26 Ok Reg 390, eff 11-14-08 (emergency) ; Added
					 at 26 Ok Reg 2463, eff 7-11-09 ; Amended at 30 Ok Reg 1555, eff
					 7-11-13