Section 440-RICR-10-00-5.4 - DefinitionsA. 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.440 R.I. Code R. 440-RICR-10-00-5.4
Adopted effective 12/19/2019