61-30.101. Definitions

As used in this chapter, the following terms have the following meanings:

(1) Additional Evaluation: Examination and analysis by a qualified professional engineer, contractor, tradesman or service technician beyond that provided by the home inspection.

(2) Alarm Systems: 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.

(3) Architectural Service: Any practice involving the art and science of building design for construction of any structure or groupings 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.

(4) Automatic Safety Controls: Devices designed and installed to protect systems and components from unsafe conditions.

(5) Component: A part of a system.

(6) Continuing Education Course: A course related to the practice of home inspection. Sales presentations of home inspection products shall not qualify as continuing education courses.

(7) Continuing Education Provider: An entity and any of its agents approved by the department to engage in providing continuing education courses as required by Chapter 61-30, F.A.C.

(8) Course Instructor: Any person approved by the department to conduct training for a department approved course. The instructor’s curriculum vitae must demonstrate particular education, knowledge, experience or skill which sets the applicant apart from those he or she will instruct.

(9) Decorative: Ornamental; not required for the operation of the essential systems and components of a home.

(10) Describe: To distinguish a system or component by its type or other observed significant characteristics; to distinguish it from other systems or components.

(11) Dismantle: 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.

(12) Directly Supervise: To direct and exercise control over the activities of a person by being physically present at the job site.

(13) Engineering Services: Any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, material and engineering services 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.

(14) Household Appliances: Ranges, cook-tops, built-in dishwashers, food waste disposers, garage door openers, built-in ovens, built-in microwave ovens, refrigerators, freezers, clothes washers, clothes dryers, built-in trash compactors, ceiling fans or whole-house fans, if present and if not excluded in the scope of services disclosure.

(15) Inspect: To examine readily accessible systems and components of a home in accordance with the Standards of Practice adopted by the Department in Rules 61-30.801 through 61-30.811, F.A.C., using normal operating controls and opening readily openable access panels.

(16) Installed: Attached such that removal requires tools.

(17) Normal operating controls: Devices such as thermostats, switches or valves intended to be operated by the homeowner.

(18) Prelicensure Education Course: An initial course of study approved by the department which provides the educational experience required to certify an individual for licensure as a home inspector pursuant to Rule 61-30.102, F.A.C. and Section 468.8313, F.S. Each course of study must be offered as a single course by a single course provider.

(19) Prelicensure Education Provider: An entity and any of its agents approved by the department to engage in providing prelicensure education courses as required by this chapter.

(20) Readily Accessible: Available for visual inspection without requiring dismantling or destructive means to gain access, moving of items, including but not limited to, furniture, personal property, stored items, clothing, wall or floor covering, or debris, dismantling, or any action which will likely involve risk to persons or property. For the purposes of this definition, readily accessible includes opening electrical covers or removing electrical panel covers if safe to do so and if it can be done easily without damaging property.

(21) Readily Operable Access Panel: 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.

(22) Recreational Facilities: Spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories.

(23) Report: To communicate in writing.

(24) Representative Number: One component per room for multiple similar interior components such as window and electric outlets; one component on each side of the home for multiple similar exterior components.

(25) Roof Drainage Systems: Components used to carry water off a roof and away from a home.

(26) Service Life: Service life is the expected lifetime, or the acceptable period of use in service of a particular system or component. It is the time that any manufactured item can be expected to be “serviceable,” providing proper maintenance has taken place over the period concerned. Service life may vary from region to region, and inspection to inspection based on the home being inspected and the professional opinion and findings of the inspector.

(27) Shut Down: A state in which a system or component cannot be operated by normal operating controls.

(28) Significantly Deficient: Not operating in the manner in which the system or component was designed to operate or creates a significant risk of personal injury during normal, day-to-day use.

(29) Solid Fuel Burning Appliances: 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.

(30) Structural Component: A component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

(31) System: A combination of interacting or interdependent components, assembled to carry out one or more functions.

(32) Technically Exhaustive: An investigation that involves dismantling; the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.

(33) Training Day: The equivalent of 8 hours (an hour being no less than 50 minutes of instruction) including breaks and lunch.

(34) Under-floor Crawl Space: The area within the confines of the foundation and between the ground and the underside of the floor.

(35) Unsafe: A condition in a readily accessible, installed system or component which is judged to be a 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 accepted residential construction standards.

(36) Wiring Methods: 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.

Rulemaking Authority 455.2035, 455.2178(5), 468.8325 FS. Law Implemented 455.2178, 455.2179, 468.8311, 468.8313(3), 468.8321 FS. History‒New 10-22-13, Amended 7-31-14.