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09.36.01.00.htm 09.36.01.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS ― HOME INSPECTORS Chapter 01 General Regulations Authority: Business Occupations and Professions Article, §16-216, 16-220, and 16-601, Annotated Code of Maryland
09.36.01.01.htm 09.36.01.01. 01 Time Limitations for Filing Complaints.. The Commission may summarily dismiss any complaint brought against a licensee after 3 years from the date of the home inspection report from which the complaint arises, unless the Commission finds that the complainant's delay in bringing the complaint was justified and that the delay does not result in an undue burden for the licensee.
09.36.01.9999.htm 09.36.01.9999. Administrative History Effective date: January 7, 2013 (39:26 Md. R. 1664).
09.36.02.00.htm 09.36.02.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS ― HOME INSPECTORS Chapter 02 Work Experience Requirements ― Repealed Administrative History Effective date:Regulation .01 adopted as an emergency provision effective January 31, 2002 (29:4 Md. R. 412) adopted permanently effective May 27, 2002 (29:10 Md. R. 826)Regulation .01 repealed effective May 22, 2017 (44:10 Md. R. 472).
09.36.03.00.htm 09.36.03.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS ― HOME INSPECTORS Chapter 03 Fees Authority: Business Occupations and Professions Article, §16-216, 16-217, 16-3A-02, 16-3A-03, 16-3A-05, 16-3A-07, and 16-3A-08, Annotated Code of Maryland
09.36.03.01.htm 09.36.03.01. 01 License Fees.. A. Pursuant to Business Occupations and Professions Article, Title 16, Annotated Code of Maryland, the Commission shall set fees to produce funds to approximate the cost of maintaining the Commission.B. The Commission shall charge the following amounts:. 1) License application fee ― $50;. 2) License renewal fee ― $325;. 3) License reinstatement fee ― $50;. 4) Reciprocal license application fee ― $50;. 5) Original license fee ― $325.. C. The failure without go
09.36.03.9999.htm 09.36.03.9999. Administrative History Effective date:. Regulation .01 adopted as an emergency provision effective January 31, 2002 (29:4 Md. R. 412) adopted permanently effective May 27, 2002 (29:10 Md. R. 826)Regulation .01 amended as an emergency provision effective February 24, 2012 (39:6 Md. R. 405) amended permanently effective May 28, 2012 (39:10 Md. R. 659)
09.36.04.00.htm 09.36.04.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS ― HOME INSPECTORS Chapter 04 Responsibilities of Licensees Authority: Business Occupations and Professions Article, §16-216 and 16A-3A-02, Annotated Code of Maryland
09.36.04.01.htm 09.36.04.01. 01 Responsibilities of Licensees.. A licensee shall undertake to provide home inspection services only if the licensee is qualified by training, education and experience to provide the required services.
09.36.04.02.htm 09.36.04.02. 02 Correspondence with the Commission.. A. A licensee shall respond in writing to written communications from the Commission within 30 days of receipt of these communications.B. The Commission shall send written communications by certified and first class mail to the last address furnished to the Commission by the licensee.
09.36.04.03.htm 09.36.04.03. 03 Time to Request a Formal Hearing.. A. A license applicant or a licensee shall request, in writing, a hearing within 30 days of a decision by the Commission to deny an initial license or renewal of a license.B. The 30-day time period referred to in §A of this regulation begins on the date notification of an adverse decision by the Commission was sent to the last known address of the licensee or applicant.
09.36.04.04.htm 09.36.04.04. 04 Notice of Change of Licensing Information.. In addition to the requirements of Business Occupations and Professions Article, §16-4A-03, Annotated Code of Maryland, a licensed home inspector shall notify the Commission, in writing, within 15 days, of any change of the business name or address of the licensee or of a change of the business name or address of the business through which the licensee performs home inspection services.
09.36.04.9999.htm 09.36.04.9999. Administrative History Effective date:. Regulations .01―04 adopted as an emergency provision effective January 31, 2002 (29:4 Md. R. 412) adopted permanently effective May 27, 2002 (29:10 Md. R. 826)
09.36.05.00.htm 09.36.05.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS ― HOME INSPECTORS Chapter 05 Hearing Regulations Authority: Business Occupations and Professions Article, § 16-216, Annotated Code of Maryland
09.36.05.01.htm 09.36.05.01. 01 Contested Case Hearings.. A. Except as provided in §B and C of this regulation, all contested case hearings before the Commission are governed by COMAR 09.01.02.B. Contested case hearings before the Commission shall be conducted before the Home Inspector Hearing Board in accordance with Business Occupations and Professions Article, §16-210.1 and 16-211, Annotated Code of Maryland.C. In accordance with Business Occupations and Professions Article, §16-211(d) Annotated Code of Mar
09.36.05.9999.htm 09.36.05.9999. Administrative History Effective date: March 15, 2004 (31:5 Md. R. 448).
09.36.06.00.htm 09.36.06.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS ― HOME INSPECTORS Chapter 06 Code of Ethics Authority: Business Occupations and Professions Article, §16-208(a) and 16-216, Annotated Code of Maryland
09.36.06.01.htm 09.36.06.01. 01 Responsibilities to the Public.. A home inspector shall:. A. Act as an impartial third party;. B. Discharge the home inspector's duties:. 1) With integrity and fidelity to the public;. 2) With fairness and objectivity to all parties; and. 3) Without bias to any party;. C. Always act in good faith towards a client;. D. Express an opinion only if it is based on practical experience and personal knowledge;. E. Promptly inform a client of any business association, interest, or circu
09.36.06.02.htm 09.36.06.02. 02 Prohibitions.. A. A home inspector may not:. 1) Except under circumstances in which the safety, health, property, or welfare of the public is endangered, disclose any information concerning the results of an inspection without the approval of the client for whom the inspection was performed;2) Accept compensation, financial or otherwise, from more than one interested party for the same service on the same property unless the home inspector makes full disclosure t
09.36.06.03.htm 09.36.06.03. 03 Additional Services.. A home inspector may provide additional inspection services to the client if the home inspector discloses to the client that the additional inspection services are not part of the home inspection.
09.36.06.04.htm 09.36.06.04. 04 Conflicts of Interest.. A. A home inspector shall avoid conflicts of interest with a client or an owner of property that is subject to an inspection by the home inspector.B. If a conflict appears unavoidable, the home inspector shall disclose promptly and fully all circumstances of the conflict to the client.
09.36.06.9999.htm 09.36.06.9999. Administrative History Effective date: February 11, 2008 (35:3 Md. R. 289).
09.36.07.00.htm 09.36.07.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS ― HOME INSPECTORS Chapter 07 Minimum Standards of Practice Authority: Business Occupations and Professions Article, §16-208(a) and 16-216, Annotated Code of Maryland
09.36.07.01.htm 09.36.07.01. 01 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Activate.. a) "Activate" means to turn on, supply power, or enable systems, equipment, or devices to become active by normal control means.b) "Activate" includes:. i) Turning on the gas or water supply valves to fixtures and appliances; and. ii) Activating electrical breakers or fuses.. 2) Additional Inspection Services.. a) "Additional inspection services" means any serv
09.36.07.02.htm 09.36.07.02. 02 General.. A. Purpose. In the general public interest, the standards of practice set forth in this chapter are promulgated to establish a minimum and uniform standard of performance to be exercised by a home inspector licensed by the Maryland State Commission of Real Estate Appraisers and Home Inspectors.B. Conflicts. If this chapter conflicts with other federal or State requirements, the home inspector shall follow the more stringent requirements.C. Scope. The standards o
09.36.07.03.htm 09.36.07.03. 03 Limitations and Exclusions.. A. A home inspection performed in accordance with the standards of practice set forth in this chapter:1) Is not technically exhaustive; and. 2) May not identify concealed conditions or latent defects.. B. Except as may be required by lawful authority, a home inspector is not required to perform any action or make any determination unless specifically stated in the standards of practice set forth in this chapter.
09.36.07.04.htm 09.36.07.04. 04 Structural System.. A. A home inspector shall visually inspect the structural system, including the structural components including foundation and framing.B. Probing.. 1) A home inspector shall probe a representative number of structural components where deterioration is suspected or where clear indications of possible deterioration exist.2) Probing is not required:. a) If it will damage any finished surface; or. b) Where no deterioration is visible..
09.36.07.05.htm 09.36.07.05. 05 Exterior.. A. A home inspector shall visually inspect the home exterior, including:. 1) Exterior wall covering, flashing, and trim;. 2) All exterior doors;. 3) Attached decks, balconies, stoops, steps, porches, and their associated railings;. 4) Eaves, soffits, and fascias that are accessible from the ground level;. 5) Vegetation, grading, surface drainage, and retaining walls on the property if any of these may adversely affect the building; and
09.36.07.06.htm 09.36.07.06. 06 Roof System.. A. A home inspector shall visually inspect a roof system, including:. 1) The roof covering;. 2) Roof drainage systems;. 3) Flashings; and. 4) Skylights, chimneys, and exterior and roof penetrations.. B. A home inspector shall describe the roof covering and report the methods used to inspect the roof.C. A home inspector is not required to:. 1) Inspect:. a) Antennae;. b) Interiors of flues or chimneys that are not readily accessible; or.
09.36.07.07.htm 09.36.07.07. 07 Plumbing System.. A. A home inspector shall visually inspect the plumbing system, including:. 1) Interior water supply and distribution systems, including all fixtures and faucets;. 2) Drain, waste, and vent systems, including all fixtures;. 3) Water heating equipment;. 4) Vent systems, flues, and chimneys;. 5) Fuel storage and fuel distribution systems for the presence of CSST;. 6) Drainage sumps, sump pumps, and related piping;.
09.36.07.08.htm 09.36.07.08. 08 Electrical Systems.. A. A home inspector shall visually inspect an electrical system, including:. 1) The service drop;. 2) Service entrance conductors, cables, and raceways;. 3) Service equipment and main disconnects;. 4) Service grounding;. 5) Interior components of service panels and subpanels;. 6) Conductors;. 7) Overcurrent protection devices;. 8) A representative number of installed lighting fixtures, switches, and receptacles;.
09.36.07.09.htm 09.36.07.09. 09 Heating System.. A. A home inspector shall visually inspect:. 1) Installed heating equipment;. 2) Vent systems, flues, and chimneys; and. 3) Heating distribution.. B. A home inspector shall describe energy sources and heating methods by distinguishing characteristics and means of distribution.C. A home inspector is not required to:. 1) Inspect:. a) Flue or chimney interiors that are not readily accessible;. b) Heat exchangers;. c) Humidifiers or dehumidifiers;.
09.36.07.10.htm 09.36.07.10. 10 Air-Conditioning System.. A. A home inspector shall inspect the installed central and through-wall cooling equipment.. B. A home inspector shall describe energy sources and cooling methods by distinguishing characteristics and means of distribution.C. A home inspector is not required to:. 1) Inspect electronic air filters; or. 2) Determine the adequacy of the cooling system or the distribution balance..
09.36.07.11.htm 09.36.07.11. 11 Interior.. A. A home inspector shall visually inspect:. 1) Walls, ceilings, and floors;. 2) Steps, stairways, and railings;. 3) Countertops and a representative number of installed cabinets;. 4) A representative number of doors and windows; and. 5) Garage doors and garage door operators.. B. A home inspector is not required to inspect:. 1) Paint, wallpaper, and other finish treatments;. 2) Carpeting;. 3) Window treatments;. 4) Central vacuum systems;.
09.36.07.12.htm 09.36.07.12. 12 Insulation and Ventilation.. A. A home inspector shall visually inspect:. 1) Insulation and vapor retarders in unfinished spaces;. 2) Ventilation of attics and foundation areas; and. 3) Mechanical ventilation systems.. B. A home inspector shall describe:. 1) Insulation and vapor retarders in unfinished spaces; and. 2) If applicable, the absence of insulation in unfinished spaces at conditioned surfaces.. C. A home inspector is not required to:.
09.36.07.13.htm 09.36.07.13. 13 Fireplaces and Solid Fuel Burning Appliances.. A. A home inspector shall visually inspect:. 1) System components of fireplaces and solid fuel burning appliances; and. 2) Vent systems, flues, and chimneys.. B. A home inspector shall describe:. 1) Fireplaces and solid fuel burning appliances; and. 2) Chimneys.. C. A home inspector is not required to:. 1) Inspect any of the following:. a) Interiors of flues or chimneys:. b) Firescreens and doors;. c) Seals and gaskets;.
09.36.07.9999.htm 09.36.07.9999. Administrative History Effective date: February 11, 2008 (35:3 Md. R. 289). Regulation .01B amended effective March 17, 2014 (41:5 Md. R. 343). Regulation .07A, B amended effective March 17, 2014 (41:5 Md. R. 343). Regulation .08C, D amended effective March 17, 2014 (41:5 Md. R. 343).
09.36.08.00.htm 09.36.08.00. Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS ― HOME INSPECTORS Chapter 08 Continuing Professional Competency Authority: Business Occupations and Professions Article, §16-216 and 16-3A-07(e) Annotated Code of Maryland
09.36.08.01.htm 09.36.08.01. 01 Citation of Regulations, Applicability, and Purpose.. A. These regulations may be cited and referred to as the "Home Inspector Continuing Professional Competency Regulations" The continuing professional requirements apply to all persons licensed under Business Occupations and Professions Article, Annotated Code of Maryland, to provide home inspection services in this State.B. The public interest requires that home inspectors provide competent home inspection services to t
09.36.08.02.htm 09.36.08.02. 02 Basic Requirement.. A. A renewal applicant shall complete at least 30 hours of qualifying continuing professional competency for each 2-year registration term.B. Acquisition of Continuing Professional Competency.. 1) The continuing professional competency required by §A of this regulation shall have been obtained during the 24 months immediately preceding license renewal.2) Continuing professional competency hours required by §A of this regulation obtained prior to the
09.36.08.03.htm 09.36.08.03. 03 Programs Which Qualify.. A. The overriding consideration in determining whether a specific program qualifies is that it shall be a formal program of learning which contributes directly to the professional competence of the individual.B. Group Continuing Professional Competency Programs.. 1) Group continuing professional competency programs will qualify only if §A of this regulation is ma) An outline is prepared in advance and preserved for review by the Commission, if required;.
09.36.08.04.htm 09.36.08.04. 04 Controls and Reporting.. A. A renewal applicant shall provide a certification of compliance with renewal requirements, under Business Occupations and Professions Article, §16-3A-07, Annotated Code of Maryland, under penalty of perjury, in an appropriate form specified by the Commission.B. The Commission, at its discretion, may verify the information and documentation supporting a renewal applicant’s certification of continuing professional competency credit.
09.36.08.05.htm 09.36.08.05. 05 Exceptions.. The Commission may issue a registration to a renewal applicant who has not fully complied with the continuing professional competency requirements in cases when failure by the applicant to fulfill this requirement has been caused by reason of any of the following:A. Health as certified by a medical doctor;. B. Military service on extended active duty with the armed forces of the United States; or.
09.36.08.9999.htm 09.36.08.9999. Administrative History Effective date: July 22, 2013 (40:14 Md. R. 1174).
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