West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-2 - Necessity of Certification; Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. After the effective date of this rule, a
				person may not perform, offer to perform, or engage in home inspection work for
				compensation or hire within the state of West Virginia unless that person
				possesses a certificate issued by the State Fire Marshal.
2.2. A "business entity" as used in this rule
				means a corporation, association, partnership, limited liability company, or
				other legal entity. A business entity may not provide home inspection services
				unless each of the home inspectors employed by the business entity is
				certified.
2.3. A business entity
				or person may not use, in connection with the name or signature of the business
				entity, the title "home inspector" or "home inspectors" to describe the
				business entity's services, unless each of the home inspectors employed by the
				business entity is certified.
2.4.
				A person shall not present, call or represent him or herself as able to provide
				a home inspection for compensation unless certified in accordance with the
				provisions of this rule.
2.5. The
				following words and terms have the following meanings:
2.5.a. "Certification" -- Means a valid and
				current home inspector certification issued by the State Fire
				Marshal.
2.5.b. "Client" -- Means
				any person who for compensation engages the services of a home inspector for
				the purpose of obtaining inspection of, and a written report upon, the
				condition of a residential dwelling.
2.5.c. "Compensation" -- Means direct or
				indirect payment, including the expectation of payment whether or not actually
				received.
2.5.d. "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 a system.
2.5.e.
				"Home Inspection" -- Means a visual analysis for the purpose of providing a
				professional opinion of the condition of a building and its carports and
				garages, any reasonable accessible installed components and the operation of
				the building systems, including the controls normally operated by the owner,
				for the following components of a residential dwelling of four units or less:
				heating system, cooling system, electrical system, plumbing system, structural
				components, foundation, roof covering, exterior and interior components and
				site aspects as they affect the dwelling.
2.5.f. "Home Inspection Report" -- Means a
				written report prepared for compensation and issued after a home inspection to
				the client. The inspection report shall include, but not be limited to the
				following:
2.5.f.1. On those systems and
				components inspected which, in the professional opinion of the inspector, are
				significantly deficient or are near the end of their service life and a reason
				why, if not self evident, the systems or components are significantly deficient
				or near the end of their service life;
2.5.f.2. The inspector's recommendations for
				further evaluation by a licensed professional to correct or monitor the
				reported condition discovered; and
2.5.f.3. Any systems and components which
				were present at the time of the inspection but were not inspected, and a reason
				they were not inspected.
2.5.g. "Home Inspector" -- Means any person
				who is certified pursuant to this rule as a home inspector and who engages in
				the business of performing home inspections and writing home inspection
				reports.
2.5.h. "Readily
				Accessible" -- Means available for visual inspection without requiring moving
				of personal property, dismantling, destructive measures, or any action that
				likely will involve risk to persons or property.
2.5.i. "Residential Dwelling" -- Means a
				structure consisting of from one to four family dwelling units.
2.5.j. "State Fire Marshal" -- Means the West
				Virginia State Fire Marshal and his or her designated
				representatives.
2.5.k. "System" --
				Means a combination of interactive or interdependent components assembled to
				carry out one or more functions.
2.5.l. "Technically Exhaustive" -- Means an
				investigation that involves dismantling, the extensive use of advanced
				techniques, measurements, instruments, testing, calculations, or other
				means.