Part I. General
18VAC15-40-10. Definitions.
A. Section 54.1-500 of the Code of Virginia provides definitions of the following terms and phrases as used in this chapter:
"Board"
"Home inspection"
"Home inspector"
"Person"
"Residential building"
B. Section 54.1-517.2:1 of the Code of Virginia provides definitions of the following terms and phrases as used in 18VAC15-40-130:
"Bonding"
"Corrugated stainless steel tubing"
"Grounding"
C. The following words and terms when used in this chapter shall have the following meanings unless a different meaning is provided or is plainly required by the context:
"Address of record" means the mailing address designated by the licensee to receive notices and correspondence from the board.
"Adjacent" means adjoining or within three feet of the residential building and that may affect the residential building.
"Applicant" means an individual who has submitted an application for licensure.
"Application" means a completed, board-prescribed form submitted with the appropriate fee and other required documentation.
"Client" means a person who engages the services of a home inspector for a home inspection.
"Compensation" means the receipt of monetary payment or other valuable consideration for services rendered.
"Component" means a part of a system.
"Contact hour" means 50 minutes of participation in a structured training activity.
"CPE" means continuing professional education.
"Department" means the Department of Professional and Occupational Regulation.
"Financial interest" means financial benefit accruing to an individual or to a member of an individual's immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership exceeds 3.0% of the total equity of the business; (ii) annual gross income that exceeds or may be reasonably anticipated to exceed $1,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, forgiveness of debt, or benefits from the use of property, or any combination of it, paid or provided by a business that exceeds or may be reasonably expected to exceed $1,000 annually; (iv) ownership of real or personal property if the interest exceeds $1,000 in value and excluding ownership in business, income, salary, other compensation, fringe benefits, or benefits from the use of property; (v) personal liability incurred or assumed on behalf of a business if the liability exceeds 3.0% of the asset value of the business; or (vi) an option for ownership of a business, real property, or personal property if the ownership interest will consist of clause (i) or (iv) of this definition.
"Fireplace" means an interior fire-resistant masonry permanent or prefabricated fixture that can be used to burn fuel and is either vented or unvented.
"Foundation" means the element of a structure that connects to the ground and transfers loads from the structure to the ground. Foundations may be shallow or deep.
"Good working order" means, with respect to a smoke alarm inspected during a home inspection, that the smoke alarm is securely attached, not physically damaged, and operation of the test function is successful.
"Licensee" means a home inspector as defined in Chapter 5 (§ 54.1-500 et seq.) of Title 54.1 of the Code of Virginia.
"Licensure" means a method of regulation whereby the Commonwealth, through the issuance of a license, authorizes a person possessing the character and minimum skills to engage in the practice of a profession or occupation that is unlawful to practice without such license.
"New residential structure" or "NRS" means a residential structure for which the first conveyance of record title to a purchaser has not occurred or the purchaser has not taken possession, whichever occurs later.
"NRS specialty" means a designation granted by the board to a home inspector that authorizes such individual to conduct home inspections on any new residential structure.
"Outbuilding" means any structure on the property that is more than three feet from the residential building and that may affect the residential building.
"Prelicense education course" means an instruction program approved by the board and is one of the requirements for licensure effective July 1, 2017.
"Readily accessible" means available for access without requiring moving or removing of any obstacles.
"Reinstatement" means the process and requirements through which an expired license can be made valid without the licensee having to apply as a new applicant.
"Renewal" means the process and requirements for periodically approving the continuance of a license.
"Residential structure" means a structure consisting of no more than two dwelling units or a townhouse.
"Smoke alarm" means (i) a single station or multiple station alarm responsive to smoke; or (ii) a "smoke detector" as used in Chapter 398 of the 2022 Acts of Assembly.
"Solid fuel burning appliances" means a hearth and fire chamber or similarly prepared place in which a fire may be built and that 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.
"System" means a combination of interacting or interdependent components, assembled to carry out one or more functions.
"Virginia Residential Code" means the provisions of the Virginia Construction Code (Part I (13VAC5-63-10 et seq.) of 13VAC5-63) applicable to R-5 residential structures and that includes provisions of the International Residential Code as amended by the Board of Housing and Community Development.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 27, Issue 11, eff. April 1, 2011; Volume 33, Issue 14, eff. April 17, 2017; Volume 33, Issue 19, eff. July 1, 2017; Volume 33, Issue 26, eff. September 20, 2017; Volume 40, Issue 21, eff. August 1, 2024.
18VAC15-40-20. Necessity for licensure.
A. It shall be unlawful for any individual who does not possess a license as a home inspector issued by the board to perform a home inspection for compensation on a residential building.
B. A home inspection on a new residential structure shall only be conducted by a home inspector with the NRS specialty and who has completed a training module on the Virginia Residential Code.
Statutory Authority
§§ 54.1-201 and 54.1-501 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 18, eff. July 1, 2003; amended, Virginia Register Volume 33, Issue 19, eff. July 1, 2017.