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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 158. Construction Industries Board |
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Chapter 70. Home Inspection Industry Regulations |
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Subchapter 1. General Provisions |
SECTION 158:70-1-2. Definitions
Latest version.
- The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:"Act" means the Home Inspection Licensing Act, found at 59 O.S. § 858-621, et seq."Alarm systems" means warning devices, installed or free-standing, including but not limited to: carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms."Applicant" means any person applying for an examination for a license or registration, or for continuing education approval, under the Act."Architectural service" means any practice involving the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction, including but not specifically limited to, schematic design, design development, preparation of construction contract documents, and administration of the construction contract."Board" means the Construction Industries Board."Certificates of course completion" means a document acceptable to the Committee which signifies satisfactory completion of course work and reflects the hours of credit earned."Cheating" means any unapproved deviation from any official instruction given before, during or after a home inspector license examination for the purpose of affecting or influencing the examination results or otherwise providing an undue advantage to any examinee."Classroom hour", "credit hour", and "clock hour" means at least fifty (50) minutes of classroom instruction with a ten (10) minute break."Client" means a person with a direct material interest in the outcome of a home inspection who hires and compensates a home inspector for the performance of a home inspection."Committee" means the Committee of Home Inspector Examiners established by the Home Inspection Licensing Act, 59 O.S. § 858-624."Component" means a part of a system."Continuing education" and "CE" means education that is approved by the Committee to satisfy education requirements in order to renew licensure as a home inspector."Continuing education verification form" means a form acceptable to the Committee and completed by the course provider, that documents compliance with the continuing education requirements."Cosmetic" means a condition that affects appearance but not the manner in which the system or component functions."Decorative" means ornamental; not required for the operation of the essential systems and components of a home."Defect" means a condition, malfunction or problem, which is not decorative or cosmetic, that would have a materially adverse effect on the value of a system or component, or would impair the health or safety of the occupants or client."Describe" means to report a system or component by its type or other observed, significant characteristics to distinguish it from other systems or components."Dismantle" means 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 and routine homeowner maintenance."Engineering service" means any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional service or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with the specifications and design, in conjunction with structures, buildings, machines, equipment, works or processes."Further evaluation" means examination and analysis by a qualified professional, tradesman or service technician beyond that provided by the home inspection."Home" or "residence" means any dwelling, from one to four (1-4) units in design, intended principally for residential purposes by one (1) or more individuals."Home inspection" or "inspection"means a visual examination of any or all of the readily accessible physical real property and improvements to real property consisting of four or fewer dwelling units, including structural, lot drainage, roof, electrical, plumbing, heating and air conditioning and such other areas of concern as are specified in writing to determine if performance is as intended. [59 O.S. § 858-622(3)]"Home inspection license unit" means the staff and administrative support unit to the Committee of Home Inspector Examiners."Home inspection report" means a written opinion of the functional and physical condition of property written by the licensed home inspector pursuant to home inspection."Home Inspection Training" means prelicense education that is approved by the Committee to satisfy the education requirements to qualify an applicant to take a home inspector examination for licensure as a home inspector."Home inspector" means an individual licensed pursuant to the Home Inspection Licensing Act who, for compensation, conducts home inspections."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 openable access panels."Installed" means attached such that removal requires tools."Instructor" means a person who presents course materials approved for qualifying education and continuing education credit hours that has the experience, training, and/or education in the course subject matter and has been approved by the Committee."Normal working order" means the system or component functions without defect for the primary purpose and manner for which it was designed."Normal operating controls" means devices such as thermostats, switches or valves intended to be operated by the homeowner."Practice of Architecture" means that practice defined in 59 O.S. § 46.3(2) and exempt from the Home Inspection Licensing Act under 59 O.S. § 858-623(B)."Professional craftsman" means a person who can demonstrate by certification, education or experience, specialized skill in the construction or repair of homes, duplexes, apartment buildings or similar structures. Persons demonstrating specialized skill by experience alone must be able to show that they have been actively engaged in their profession, trade or craft for at least one (1) year prior to the performance of a single item inspection."Provider" means a person, corporation, professional association or its local affiliates, or any other entity, which is approved by the Committee and provides approved home inspection training or continuing education to home inspectors."Readily accessible" means available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action which will likely involve risk to persons or property."Readily openable access panel" means a panel provided for homeowner inspection and maintenance that is within normal reach, can be removed by one person, and is not sealed in place."Reciprocity agreement" means an agreement whereby a home inspector who is licensed in other states with substantially similar or greater licensure requirements may be licensed in this State after payment of a fee for licensing by reciprocity."Recreational facilities" means spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories."Report" means to communicate in writing."Roof drainage systems" means components used to carry water off a roof and away from a building."Shut down" means a state in which a system or component cannot be operated by normal operating controls."Solid fuel burning appliances" means a hearth and fire chamber or similar prepared place in which a fire may be built and which 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" means a component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads)."System" means a combination of interacting or interdependent components, assembled to carry out one or more functions."Technically exhaustive" means an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means."Under-floor crawl space" means the area within the confines of the foundation and between the ground and the underside of the floor."Unsafe" means a condition in a readily accessible, installed system or component which is judged to be a significant risk of personal injury during normal operation. The risk may be due to damage, deterioration, improper installation or a change in accepted residential construction standards."Wiring methods" means 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.