Rhode Island Code of Regulations › Title 440 - Contractors' Registration and Licensing Board › Chapter 10 - General Administration, Registration, Licensing, and Filing Claims › Subchapter 00 - N/A › Part 5 - Rules and Regulations for Home Inspectors and Associate Home Inspectors › Section 440-RICR-10-00-5.4 - Definitions

Current through June 14, 2024
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.
68.
				 "Supervisor" means the licensed home inspector designated to oversee
				 and supervise the training of an associate home inspector,
				 supervisee, and/or trainee.
69. "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.