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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2016

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24 DE Admin. Code 4100
On September 1, 2015, the Delaware Board of Home Inspectors published proposed regulations in the Delaware Register of Regulations, Volume 19, Issue 7. This notice further indicated that written comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on October 13, 2015 at a regularly scheduled meeting of the Delaware Board of Home Inspectors to receive verbal comments regarding the Board's proposed amendments to its regulations.
Board Exhibit 1 - Affidavit of publication of the public hearing notice in the News Journal; and
Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News.
3. Pursuant to 24 Del.C. §4106(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
SO ORDERED this 17th day of November, 2015.
BY THE DELAWARE BOARD OF HOME INSPECTORS
[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.
4.4.1 Evidence in a form satisfactory to the Board that the applicant has completed the trainee requirements. The applicant shall submit a log on a Board-approved form documenting the experience. The applicant will not receive credit for supervised home inspections performed prior to the date the trainee registration was granted. The Board retains the discretion to request copies of sample home inspection reports for review to verify experience.
[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.
9.2 The supervising home inspector shall only supervise registered home inspection trainees and supervise no more than two trainees for each inspection. The supervising home inspector shall notify the Board in writing when the inspector is no longer supervising the trainee.
10.1 The trainee shall complete at least 75 home inspections under the active oversight of a licensed home inspector(s). The trainee may not begin performing supervised home inspections until his/her application for registration as a home inspector trainee is granted by the Board.
18.13.1.11 The presence of plants, 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 molds or mold-like substances.
Last Updated: December 31 1969 19:00:00.
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