Current through Register Vol. XLI, No. 50, December 13, 2024
Section 103-7-2 - Necessity of Certification; Definitions2.1. After the effective date of this rule, a person may not perform, offer to perform, or engage in home inspection work for compensation or hire within the state of West Virginia unless that person possesses a certificate issued by the State Fire Marshal.2.2. A "business entity" as used in this rule means a corporation, association, partnership, limited liability company, or other legal entity. A business entity may not provide home inspection services unless each of the home inspectors employed by the business entity is certified.2.3. A business entity or person may not use, in connection with the name or signature of the business entity, the title "home inspector" or "home inspectors" to describe the business entity's services, unless each of the home inspectors employed by the business entity is certified.2.4. A person shall not present, call or represent him or herself as able to provide a home inspection for compensation unless certified in accordance with the provisions of this rule.2.5. The following words and terms have the following meanings: 2.5.a. "Certification" -- Means a valid and current home inspector certification issued by the State Fire Marshal.2.5.b. "Client" -- Means any person who for compensation engages the services of a home inspector for the purpose of obtaining inspection of, and a written report upon, the condition of a residential dwelling.2.5.c. "Compensation" -- Means direct or indirect payment, including the expectation of payment whether or not actually received.2.5.d. "Component" -- Means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a system.2.5.e. "Home Inspection" -- Means a visual analysis for the purpose of providing a professional opinion of the condition of a building and its carports and garages, any reasonable accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential dwelling of four units or less: heating system, cooling system, electrical system, plumbing system, structural components, foundation, roof covering, exterior and interior components and site aspects as they affect the dwelling.2.5.f. "Home Inspection Report" -- Means a written report prepared for compensation and issued after a home inspection to the client. The inspection report shall include, but not be limited to the following:2.5.f.1. On those systems and components inspected which, in the professional opinion of the inspector, are significantly deficient or are near the end of their service life and a reason why, if not self evident, the systems or components are significantly deficient or near the end of their service life;2.5.f.2. The inspector's recommendations for further evaluation by a licensed professional to correct or monitor the reported condition discovered; and2.5.f.3. Any systems and components which were present at the time of the inspection but were not inspected, and a reason they were not inspected.2.5.g. "Home Inspector" -- Means any person who is certified pursuant to this rule as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.2.5.h. "Readily Accessible" -- Means available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property.2.5.i. "Residential Dwelling" -- Means a structure consisting of from one to four family dwelling units.2.5.j. "State Fire Marshal" -- Means the West Virginia State Fire Marshal and his or her designated representatives.2.5.k. "System" -- Means a combination of interactive or interdependent components assembled to carry out one or more functions.2.5.l. "Technically Exhaustive" -- Means an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.