Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 36 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS
Chapter 09.36.07 - Minimum Standards of Practice
Section 09.36.07.02 - General

Universal Citation: MD Code Reg 09.36.07.02

Current through Register Vol. 51, No. 19, September 20, 2024

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 of practice set forth in this chapter apply only to the inspection of a residential building containing one to four dwelling units.

D. Inspections.

(1) The standards of practice set forth in this chapter:
(a) Identify the items, components, systems, and certain terms included in the scope of a home inspection; and

(b) Apply to a visual inspection of the readily accessible areas of the included items, components, and systems to determine if, at the time of the home inspection, the items, components, and systems are performing their intended function or are determined to be significantly deficient.

(2) A home inspection performed in accordance with the standards of practice set forth in this chapter:
(a) Shall be conducted while the licensed home inspector who is responsible for preparing the report in accordance with Business Occupations and Professions Article, §16-101(i), Annotated Code of Maryland, is physically on-site at the property to be inspected;

(b) Is intended to provide a client with objective information regarding the condition of the systems and components of a home at the time of the home inspection;

(c) Acts to identify visible defects and conditions that, in the judgment of the home inspector, adversely affect the function or integrity of the items, components, and systems inspected, including those items or components near the end of their serviceable life;

(d) May not be construed as a compliance inspection pursuant to any code or governmental regulation;

(e) Is not intended to be construed as a guarantee, warranty, or any form of insurance;

(f) Is not an express or implied warranty or a guarantee of the adequacy, performance, or useful life of any item, component, or system in, on, or about the inspected property;

(g) Is based on the visual observation of the home inspector; and

(h) Shall be performed in a time period sufficient to allow compliance with the provisions of the standards of practice set forth in this chapter.

E. Representative Number. For the purpose of making a finding or conclusion as a result of a home inspection, a home inspector may consider for representative number:

(1) Electrical outlets;

(2) Exterior windows;

(3) Exterior shutters;

(4) Doors; and

(5) Siding materials.

F. Report. A home inspection report:

(1) Shall contain the written opinion of the home inspector based on the judgment and experience of the home inspector;

(2) Is not intended to be technically exhaustive; and

(3) May identify items in need of further evaluation.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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