24 Del. Admin. Code § 4100-18.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 4100-18.0 - Standards of practice18.1 Purpose and scope.18.1.1 The purpose of the Standards of Practice is to establish minimum and uniform standards for home inspectors.18.1.2 Inspection: Home inspectors shall inspect readily accessible, visually observable, installed systems and components listed in this section.18.1.3 Written report: The home inspector's report must be in writing and legible. Oral reports are prohibited. All reports must include:18.1.3.1 Identification of those systems and components inspected that, in the professional judgment of the licensee, are not functioning properly, significantly deficient, unsafe, or are near the end of their service lives.18.1.3.2 Recommendations to correct, or monitor for future correction, the deficiencies reported in subsection 18.1.3.1, or items needing further evaluation, except that, as set forth in subsection 18.1.4.2, licensees are not required to determine methods, materials, or costs of corrections.18.1.3.3 Reasoning or explanation as to the nature of the deficiencies reported in subsection 18.1.3.1 that is not self-evident.18.1.3.4 Systems and components designated for inspection as set forth in this section that were present at the time of the home inspection but were not inspected, and the reasons that they were not inspected.18.1.4 This section does not prohibit home inspectors from:18.1.4.1 Including other inspections services or systems and components, in addition to those required in subsection 18.1.2.18.1.4.2 Designing or specifying repairs, providing the licensee is appropriately qualified and willing to do so.18.1.4.3 Excluding systems and components from the inspection, if requested by the client.18.2 Structural components 18.2.1 The home inspector shall inspect: 18.2.1.1 Structural components including the foundation and framing.18.2.1.2 A representative number of structural components, by probing, where deterioration is suspected or where clear indications of possible deterioration exist. Probing is not required when probing would damage any finished surface or where no deterioration is visible or presumed to exist.18.2.2 The written report shall include description of:18.2.2.1 The methods used to inspect under-floor crawl spaces and attics.18.2.2.3 The floor structure.18.2.2.4 The wall structure.18.2.2.5 The ceiling structure.18.2.2.6 The roof structure.18.2.3 The home inspector is not required to:18.2.3.1 Provide any engineering or architectural services or analysis.18.2.3.2 Offer an opinion as to the adequacy of any structural system or component.18.3 Exterior 18.3.1 The home inspector shall inspect: 18.3.1.1 Siding, flashing, and trim.18.3.1.2 All exterior doors.18.3.1.3 Attached or adjacent decks, balconies, stoops, steps, porches, and their associated railings.18.3.1.4 Eaves, soffits, and fascias where accessible from the ground level.18.3.1.5 Vegetation, grading, surface drainage, and retaining walls that are likely to adversely affect the building.18.3.1.6 Adjacent or entryway walkways, patios, and driveways.18.3.2 The written report shall include description of:18.3.3 The home inspector is not required to inspect:18.3.3.1 Screening, shutters, awnings, and similar seasonal accessories.18.3.3.3 Geological and/or soil conditions.18.3.3.4 Recreational facilities.18.3.3.5 Outbuildings, other than garages and carports.18.3.3.6 Seawalls, break-walls, and docks.18.3.3.7 Erosion control and earth stabilization measures.18.4 Roofing 18.4.1 The home inspector shall inspect: 18.4.1.1 Roofing materials.18.4.1.2 Roof drainage systems.18.4.1.4 Skylights, chimneys, and roof penetrations.18.4.2 The written report shall include description of: 18.4.2.1 Roofing materials.18.4.2.2 Methods used to inspect the roofing.18.4.3 The home inspector is not required to inspect:18.4.3.2 Interiors of flues or chimneys that are not readily accessible.18.4.3.3 Other installed accessories.18.5 Plumbing. 18.5.1 The home inspector shall inspect: 18.5.1.1 Interior water supply and distribution systems, including all fixtures and faucets.18.5.1.2 Drain, waste, and vent systems, including all fixtures.18.5.1.3 Water heating equipment and hot water supply system.18.5.1.4 Vent systems, flues, and chimneys.18.5.1.5 Visible fuel storage and fuel distribution systems.18.5.1.6 Drainage sumps, sump pumps, and related piping.18.5.2 The written report shall include description of: 18.5.2.1 Water supply, drain, waste, and vent piping materials.18.5.2.2 Water heating equipment, including energy source(s).18.5.2.3 Location of main water and fuel shut-off valves.18.5.3 The home inspector is not required to: 18.5.3.1 Inspect: 18.5.3.1.1 Clothes washing machine connections.18.5.3.1.2 Interiors of flues or chimneys that are not readily accessible.18.5.3.1.3 Wells, well pumps, or water storage related equipment.18.5.3.1.4 Water conditioning systems.18.5.3.1.5 Solar water heating systems.18.5.3.1.6 Fire and lawn sprinkler systems.18.5.3.1.7 Private waste disposal systems.18.5.3.1.8 Backflow prevention device.18.5.3.2 Determine: 18.5.3.2.1 Whether water supply and sewage disposal are public or private.18.5.3.2.2 Water supply quantity or quality.18.5.3.3 Measure water supply flow and pressure, and well water quantity.18.5.3.4 Fill shower pans and fixtures to test for leaks.18.5.3.5 Operate automatic safety controls or manual stop valves.18.6 Electrical 18.6.1 The home inspector shall inspect: 18.6.1.2 Service entrance conductors, cables, and raceways.18.6.1.3 Service equipment and main disconnects.18.6.1.4 Service grounding.18.6.1.5 Interior components of service panels and sub-panels.18.6.1.6 Visible conductors.18.6.1.7 Overcurrent protection devices.18.6.1.8 A representative number of installed lighting fixtures, switches, and receptacles.18.6.1.9 Ground fault circuit interrupters.18.6.2 The written report shall include description of: 18.6.2.1 Amperage and voltage rating of the service.18.6.2.2 Location of main disconnect(s) and panels.18.6.2.3 Presence of solid conductor aluminum branch circuit wiring and visible knob and tube wiring.18.6.2.4 Absence of smoke detectors.18.6.3 The home inspector is not required to:18.6.3.1 Inspect:18.6.3.1.1 Remote control devices.18.6.3.1.2 Or test smoke and carbon monoxide alarms, security systems and other signaling and warning devices.18.6.3.1.3 Low voltage wiring systems and components.18.6.3.1.4 Ancillary wiring systems and components not part of the primary electrical power distribution system.18.6.3.1.5 Solar, geothermal, wind and other renewable energy systems.18.6.3.1.6 Emergency backup power systems.18.6.3.2 Measure amperage, voltage, or impedance.18.7 Heating. 18.7.1 The home inspector shall: 18.7.1.1 Open readily accessible access panels.18.7.1.2 Inspect: 18.7.1.2.1 Installed heating equipment.18.7.1.2.2 Vent systems, flues, and chimneys.18.7.1.2.3 Distribution systems.18.7.2 The written report shall include description of:18.7.2.2 Heating systems.18.7.3 The home inspector is not required to:18.7.3.1 Inspect:18.7.3.1.1 Interiors of bent systems flues and chimneys that are not readily accessible.18.7.3.1.2 Heat exchangers.18.7.3.1.3 Humidifiers or dehumidifiers.18.7.3.1.4 Electronic air filters.18.7.3.1.5 Solar, geothermal, and other renewable energy heating systems.18.7.3.1.6 Heat-recovery and similar whole-house mechanical ventilation systems.18.7.3.2 Determine: 18.7.3.2.1 Heat supply adequacy and distribution balance.18.7.3.2.2 The adequacy of combustion air components.18.8 Air conditioning. 18.8.1 The home inspector shall: 18.8.1.1 Open readily accessible access panels.18.8.1.2 Inspect 18.8.1.2.1 Central and through-wall equipment.18.8.1.2.2 Distribution systems.18.8.2 The written report shall include description of: 18.8.2.1 Energy source(s).18.8.2.2 Cooling systems.18.8.3 The home inspector is not required to: 18.8.3.1 Inspect electronic air filters.18.8.3.2 Determine cooling supply adequacy or distribution balance.18.8.3.3 Inspect window air conditioning units regardless of placement.18.8.3.4 Operate air conditioning units when the outside temperature is below 60 degrees.18.9 Interior. 18.9.1 The home inspector shall inspect: 18.9.1.1 Walls, ceilings, and floors.18.9.1.2 Steps, stairways, and railings.18.9.1.3 Countertops and a representative number of installed cabinets.18.9.1.4 A representative number of doors and windows.18.9.1.5 Garage doors and garage door openers.18.9.2 The home inspector is not required to inspect:18.9.2.1 Paint, wallpaper, and other finish treatments.18.9.2.2 Floor coverings.18.9.2.3 Window treatments.18.9.2.4 Central vacuum systems.18.9.2.5 Household appliances.18.9.2.6 Recreational facilities.18.9.2.7 Appliance thermostats including their calibration, adequacy of heating elements, self cleaning oven cycles, indicator lights, door seals, timers, clocks, timed features and other specialized features of the appliance.18.9.2.8 Operate or confirm the operation of every control and feature of an inspected appliance.18.10 Insulation and ventilation. 18.10.1 The home inspector shall inspect: 18.10.1.1 Insulation and vapor retarders in accessible unfinished spaces.18.10.1.2 Ventilation of attics and foundation areas.18.10.1.3 Kitchen, bathroom, laundry and similar exhaust systems.18.10.1.4 Clothes dryer exhaust systems.18.10.2 The written report shall include description of: 18.10.2.1 Insulation and vapor retarders in accessible unfinished spaces.18.10.2.2 Absence of insulation in accessible unfinished spaces at conditioned surfaces.18.10.3 The home inspector is not required to disturb insulation.18.11 Fireplaces and solid fuel burning appliances. 18.11.1 The home inspector shall inspect: 18.11.1.1 System components18.11.1.2 Chimney and vents.18.11.2 The written report shall include description of:18.11.2.1 Fireplaces and solid fuel burning appliances.18.11.2.2 Chimneys and vents.18.11.3 The home inspector is not required to:18.11.3.1 Inspect: 18.11.3.1.1 Interiors of flues or chimneys.18.11.3.1.2 Fire screens and doors.18.11.3.1.3 Seals and gaskets.18.11.3.1.4 Automatic fuel feed devices.18.11.3.1.5 Mantles and fireplace surrounds.18.11.3.1.6 Combustion and make-up air devices.18.11.3.1.7 Heat distribution assists (gravity fed and fan assisted).18.11.3.1.8 Wood or pellet stoves.18.11.3.2 Ignite or extinguish fires.18.11.3.3 Determine draft characteristics.18.11.3.4 Move fireplace inserts and stoves or firebox contents.18.12 General limitations. 18.12.1 The home inspector is not required to perform any action or make any determination not specifically stated in these Regulations.18.12.2 Inspections performed in accordance with these Regulations are not technically exhaustive and are not required to identify:18.12.2.1 Concealed conditions, latent defects or consequential damage(s).18.12.2.2 Cosmetic imperfections that do not significantly affect a component's performance of its intended function.18.13 General exclusions. 18.13.1 Home inspectors are not required to determine:18.13.1.1 Conditions of systems or components that are not readily accessible.18.13.1.2 Remaining life expectancy of any system or component.18.13.1.3 Strength, adequacy, effectiveness, or efficiency of any system or component.18.13.1.4 The causes of any condition or deficiency.18.13.1.5 Methods, materials, or costs of corrections.18.13.1.6 Future conditions, including but not limited to failure of systems and components.18.13.1.7 The suitability of the property for any specialized use.18.13.1.8 Compliance of systems and components with past and present requirements and guidelines (codes, regulations, laws, ordinances, specifications, installation and maintenance instructions, use and care guides, etc.)18.13.1.9 Market value of the property or its marketability.18.13.1.10 The advisability of purchase of the property.18.13.1.11 The presence of plants, animals, or other life forms and substances that may be hazardous or harmful to humans including, but not limited to, wood destroying organisms or insects or molds or mold-like substances.18.13.1.12 The presence of environmental hazards including, but not limited to, allergens, toxins, carcinogens, electromagnetic radiation, radioactive substances, noise, and contaminants in the building materials, soil, water, or air.18.13.1.13 The effectiveness of any system installed or method utilized to control or remove suspected hazardous plants, animals and environmental hazards.18.13.1.14 Operating costs of systems and components.18.13.1.15 Acoustical properties of any system or component.18.13.1.16 Soil conditions relating to geotechnical or hydrologic specialties.18.13.1.17 Whether items, materials, conditions and components are subject to recall, controversy, litigation, product liability and other adverse claims and conditions.18.13.2 Home inspectors are not required to offer or perform:18.13.2.1 Any act or service contrary to law or government regulation.18.13.2.2 Engineering, architectural, contracting or surveying services or to confirm or to evaluate such services performed by others.18.13.2.3 Any trade or any professional service other than home inspection.18.13.3 Home inspectors are not required to operate:18.13.3.1 Any system or component that is shut down or otherwise inoperable.18.13.3.2 Any system or component that does not respond to normal operating controls.18.13.3.3 Shut-off valves or manual stop valves18.13.4 Home inspectors are not required to enter or traverse: 18.13.4.1 Any area that will, in the opinion of the licensee, likely be dangerous to the licensee or other persons or damage the property or its systems or components.18.13.4.2 Under-floor crawl spaces that have less than 24 inches of vertical clearance between components and the ground or that have an access opening smaller than 16 inches by 24 inches.18.13.4.3 Attic load bearing components that are concealed by insulation or by other materials.18.13.5 Home inspectors are not required to inspect:18.13.5.1 Underground items including but not limited to underground storage tanks or other underground indications of their presence, whether abandoned or active.18.13.5.2 Items that are not installed.18.13.5.3 Installed decorative items.18.13.5.4 Items that are not entered in accordance with subsection 18.13.4.18.13.5.5 Detached structures other than residential garages and carports.18.13.5.6 Common elements or common areas in multi-unit housing, such as condominium properties or cooperative housing.18.13.5.7 Every occurrence of multiple similar components.18.13.5.8 Outdoor cooking appliances.18.13.6 Home inspectors are not required to:18.13.6.1 Perform any procedure or operation that will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components.18.13.6.2 Describe or report on any system or component that is not included in these Regulations and was not inspected.18.13.6.3 Move personal property, furniture, equipment, plants, soil, snow, ice, or debris.18.13.6.4 Dismantle any system or component, except as specifically required by these Regulations.18.13.6.5 Reset, reprogram or otherwise adjust devices affected by inspection required by this Standard.18.13.6.6 Ignite or extinguish fires, pilot lights, burners and other open flames that require manual ignition.18.13.6.7 Probe surfaces that would be damaged or when no deterioration is visible or presumed to exist.24 Del. Admin. Code § 4100-18.0
18 DE Reg. 158 (8/1/2014)
27 DE Reg. 348 (11/1/2023) (Final)