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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2014

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24 DE Admin. Code 4100
The Delaware Board of Home Inspectors, pursuant to 24 Del.C. §4106(a)(1), proposes to amend its rules and regulations. The proposed regulation changes address two separate issues. The first is a change to regulation 4.0 which would enable applicants with five years of experience or who have completed 250 home inspections to obtain a license despite not being eligible as an endorsement candidate. Currently, such candidates must become trainee registrants before obtaining a home inspection license. The second proposed change relates to regulation 18.0 regarding standards of practice. The proposed changes would reflect recent changes to the American Society of Home Inspectors standards of practice so as to allow the practice of home inspection in Delaware to remain consistent with surrounding states.
[24 Del.C. §4102]
"Active oversight" shall mean that the supervising home inspector is on the premises with the trainee and is readily available.
"Alarm systems" shall mean warning devices installed or free-standing, including, but not limited to, smoke detectors, carbon monoxide detectors, flue gas, and other spillage detectors, and security equipment.
"Automatic safety controls" shall mean devices designed and installed to protect systems and components from unsafe conditions.
"Component" shall mean a part of a system.
"Decorative" shall mean ornamental; not required for the proper operation of the essential systems and components of a home.
"Describe" shall mean to identify, in writing, a system or component by its type or other distinguishing characteristics.
"Dismantle" shall mean 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 maintenance.
"Engineering" shall mean the application of scientific knowledge for the design, control, or use of building structures, equipment, or apparatus.
"Further evaluation" shall mean examination and analysis by a qualified professional, tradesman, or service technician beyond that provided by the home inspection.
"Household appliances" shall mean kitchen, laundry, or similar appliances, whether installed or free-standing.
"Inspect" shall mean the examination of any system or component or a building using normal operating controls and opening readily openable access panels.
"Installed" shall mean attached, such that removal requires tools.
"Normal operating controls" shall mean devices such as thermostats, switches, or valves intended to be operating by the homeowner.
"Readily accessible" shall mean available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that will likely involve risk to persons or property.
"Readily openable access panel" shall mean a panel provided for homeowner inspection and maintenance that is readily accessible, within normal reach, can be removed by one person, and is not sealed in place.
"Recreational facilities” shall mean spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic playground or other similar equipment, and associated accessories.
"Report" shall mean communicate in writing.
"Representative number" shall mean one component per room for multiple similar interior components such as windows, and electric receptacles; one component for each side of the building for multiple similar exterior components.
"Roof drainage systems" shall mean components used to carry water off a roof and away from the building.
"Shut down" shall mean a state in which a system or component cannot be operated by normal operating controls.
"Siding" shall mean exterior wall covering and cladding; such as: aluminum, asphalt, brick, cement/asbestos, EIFS, stone, stucco, veneer, vinyl, wood, etc.
"Solid fuel burning appliances" shall mean a hearth and fire chamber or similar prepared place in which a fire may be built and that 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" shall mean a component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).
"System" shall mean a combination of interacting or interdependent components, assembled to carry out one or more functions.
"Technically exhaustive" shall mean an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.
"Under-floor crawl space" shall mean the area within the confines of the foundation and between the ground and the underside of the floor.
"Unsafe" shall mean a condition that is readily accessible, installed system or component that is judged by the home inspector to be a significant risk of bodily injury during normal day-to-day use; the risk may be due to damage, deterioration or improper installation.
"Wiring methods" shall mean identification of electrical conductors or wires by their general type, such as non-metallic sheathed cable, armored cable, or knob and tube, etc.
[24 Del.C. §4108(d)]
3.1 All applications submitted pursuant to the grandfather provision set forth in 24 Del.C. §4108(d) shall be received by the Board on or before November 4, 2013. Only complete applications will be considered by the Board. Applications which are not received on or before November 4, 2013 shall not be eligible for licensure pursuant to the grandfather provision.
Each applicant, other than endorsement applicants, for a home inspector license must provide the Board with the following, or have this information provided from the appropriate source, where indicated:
4.5 4.6 Evidence in a form satisfactory to the Board that the applicant, or the applicant's employer, carries errors and omissions insurance in an amount equal to or greater than $50,000 and liability insurance in an amount equal to or greater than $250,000. Evidence shall include a notarized certificate of insurance submitted to the Board by the insurance carrier.
[24 Del.C. §4109]
[24 Del.C. §4110]
A temporary license issued pursuant to 24 Del.C. §4110 is valid for a single home inspection for a period of ten days from the date of issuance. An applicant may receive a maximum of five temporary licenses per year. The temporary license must be obtained prior to the home inspection.
[24 Del.C. §4111]
The Board may grant a reciprocal license in accordance with 24 Del.C. §4111 to applicants licensed in another state.
18.5.3.2.1 Whether water supply and waste sewage disposal systems are public or private.
18.5.3.35 Operate automatic safety controls or manual stop valves.
18.6.3.1.2 Alarm systems and components. Or test smoke and carbon monoxide alarms, security systems and other signaling and warning devices.
18.6.3.1.5 Solar-powered systems and their components. Solar, geothermal, wind and other renewable energy systems.
18.7.3.1.1 Interiors of bent systems flues or and chimneys that are not readily accessible.
18.7.3.1.5 Solar, geothermal, and other renewable energy heating systems.
18.7.3.2.1 Heat supply adequacy or and distribution balance.
18.9.2.2 Carpeting Floor coverings.
18.12.2.1 Concealed conditions, latent defects or consequential damage(s).
18.13.1.8 Compliance of systems and components with regulatory past and present requirements and guidelines (codes, regulations, laws, ordinances, specifications, installation and maintenance instructions, use and care guides, etc.)
18.13.1.11 The presence of potentially hazardous plants, or animals, or other life forms and substances that may be hazardous or harmful to humans including, but not limited to, wood destroying organisms or insects or diseases harmful to humans including molds or mold-like substances.
18.13.1.12 The presence of any environmental hazards including, but not limited to, allergens, toxins, carcinogens, electromagnetic radiation, radioactive substances, noise, and contaminants in the building materials, soil, water, or air.
18.13.2.2 Engineering, architectural, contracting or surveying services or to confirm or to evaluate such services performed by others.
18.13.4.2 Under-floor crawl spaces or attics that are not readily accessible that have less than 24 inches of vertical clearance between components and the ground or that have an access opening smaller than 16 inches by 24 inches.
Last Updated: December 31 1969 19:00:00.
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