Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 8 - CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS › Section 812-008-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to Division 8 of OAR chapter
				812:
(1) "Administrator" means the
			 Administrator of the agency.
(2)
			 "Agency" means the Oregon Construction Contractors Board.
(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, loss of ignition, fuel, leaks, fire, freezing, or other
			 unsafe conditions.
(4) "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 that is not plugged into an
			 electrical convenience outlet.
(5)
			 "Certified individual" means an individual who successfully passed a test
			 accredited by the agency or who successfully passed the National Home Inspector
			 Examination and who completes the education required for renewal and satisfies
			 any other requirements established by OAR chapter 812.
(6) "Component" means a readily accessible
			 and observable aspect of a system, such as a floor, or wall, but not individual
			 pieces such as boards or nails where many similar pieces make up the component.
			 "Component" also includes, but is not limited to, the separate parts of an
			 installed appliance or an electric or gas-powered system, including, but not
			 limited to, a water heater, furnace or air conditioning unit.
(7) "Conspicuous" as used in these
			 regulations shall mean a term or clause is conspicuous when it is so written
			 that a reasonable person against whom it is to operate ought to have noticed
			 it. A printed heading in capitals (as: NONNEGOTIABLE BILL OF LADING) is
			 conspicuous. Language in the body of a form is "conspicuous" if it is in larger
			 or other contrasting type or color. But in a telegram any stated term is
			 "conspicuous." Whether a term or clause is "conspicuous" or not is for decision
			 by the court.
(8) "Cross
			 connection" means any physical connection or arrangement between potable water
			 and any source of contamination.
(9) "Dangerous or adverse situations" means
			 situations that pose a threat of injury to the Oregon certified home inspector,
			 or damage to the property.
(10)
			 "Describe" means report in writing a system or component by its type, or other
			 observed characteristics, to distinguish it from other components or system
			 used for the same purpose.
(11)
			 "Dismantle" means to take apart or remove any component, device or piece of
			 equipment that is bolted, screwed or fastened by other means and that would not
			 be dismantled by a homeowner in the course of normal household
			 maintenance.
(12) "Energy audit"
			 means evaluation or testing of components or systems with a focus on energy
			 efficiency or renewable energy, which may lead to recommendations that improve
			 energy efficiency or renewable energy generation. "Energy audit" also includes
			 quality assurance review or verification of installed or retrofitted components
			 or systems impacting energy efficiency or renewable energy
			 generation.
(13) "Enter" means to
			 go into an area and observe all visible components.
(14) "Forensic evaluation" means evaluation
			 or testing of components or systems for purposes of envelope analysis,
			 materials testing or failure due to water intrusion or other external
			 causes.
(15) "Functional drainage"
			 means a drain is functional when it empties in a reasonable amount of
			 time.
(16) "Functional flow" means
			 a reasonable flow at the highest fixture in a dwelling when another fixture is
			 operated simultaneously.
(17) "Home
			 performance testing" means evaluation or testing of components or systems for
			 purposes of comfort, energy efficiency, safety or indoor air quality.
(18) "Home inspection" means an inspection of
			 substantially all of the components or systems as set forth in 812-008-0205  through 812-008-0214  for the purpose of determining the overall physical
			 condition and habitability of the inspected structure at the time of
			 inspection. A home inspection is not a re-inspection of isolated repairs made
			 as part of a real estate transaction. A home inspection does not include energy
			 audit, forensic evaluation or home performance testing.
(19) "Installed" means attached or connected
			 such that the installed item requires tools for removal.
(20) "Normal operating controls" means
			 homeowner-operated devices such as but not limited to thermostat, wall switch,
			 or safety switch.
(21) "Observe"
			 means the act of making a visual examination.
(22) "On-site water supply quality" means
			 water quality based on the bacterial, chemical, mineral, and solids content of
			 the water.
(23) "On-site water
			 supply quantity" means the water quantity based on the rate of flow of
			 water.
(24) "Operate" means to
			 cause systems or equipment to function.
(25) "Oregon certified home inspector" means
			 a person certified pursuant to ORS chapter 701, chapter 814, 1997 Oregon Laws
			 and OAR chapter 812.
(26) "Readily
			 accessible panel" means a panel provided for homeowner inspection and
			 maintenance that has removable or operable fasteners or latch devices in order
			 to be lifted off, swung open, or otherwise removed by one person; and its edges
			 and fasteners are not painted into place. This definition is limited to those
			 panels within normal reach or from a four-foot stepladder, and that are not
			 blocked by stored items, furniture, or building components.
(27) "Representative number" for multiple
			 identical components such as windows and electrical outlets means one such
			 component per room; for multiple identical exterior components, one such
			 component on each side of the building.
(28) "Roof drainage systems" means gutters,
			 downspouts, leaders, splash blocks, and similar components used to carry water
			 off a roof and away from a building.
(29) "Shut down" means a piece of equipment
			 or a system is shut down when it cannot be operated by the device or control
			 that a homeowner should normally use to operate it or detached from a plug
			 source. If its safety switch or circuit is in the "off" position or its fuse is
			 missing or blown, the inspector is not required to reestablish the circuit for
			 the purpose of operating the equipment or system.
(30) "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 combinations of these
			 devices.
(31) "Structural
			 component" means a component that supports non-variable forces or weights (dead
			 loads) and variable forces or weights (live loads).
(32) "System" means a combination of
			 interacting or interdependent components, assembled to carry out one or more
			 functions. "System" also includes, but is not limited to, an installed
			 appliance or an electric or gas-powered system, including but not limited to, a
			 water heater, furnace or air conditioning unit.
(33) "Technically exhaustive" means an
			 inspection involving the extensive use of measurements, instruments, testing,
			 calculations, and other means to develop scientific or engineering findings,
			 conclusions, and recommendations.
(34) "Underfloor crawl space" means the area
			 within the confines of the foundation and between the ground and the underside
			 of the lowest floor structural component.
Stat. Auth.: ORS
				  670.310,
				  701.235,
				  701.350 &
				  701.355
Stats. Implemented: ORS
				  701.350 &
				  701.355