Sec. Definitions  

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  • A. In this chapter, the following terms have the meanings indicated.

    B. Terms Defined.

    (1) Activate.

    (a) "Activate" means to turn on, supply power, or enable systems, equipment, or devices to become active by normal control means.

    (b) "Activate" includes:

    (i) Turning on the gas or water supply valves to fixtures and appliances; and

    (ii) Activating electrical breakers or fuses.

    (2) Additional Inspection Services.

    (a) "Additional inspection services" means any service offered in addition to the home inspection as defined in Standards of Practice for Maryland Licensed Home Inspectors.

    (b) "Additional inspection services" includes, but is not limited to, services to detect the presence of a wood-destroying insect or organism.

    (c) "Additional inspection services" includes environmental testing that includes, but is not limited to, tests to determine:

    (i) Radon levels;

    (ii) Well water potability;

    (iii) Functional ability of septic system; and

    (iv) Air quality, to include testing for the presence of contaminants, mold spores, noxious gases and other harmful particulates in the air supply.

    (3) "Adversely affect" means to constitute, or potentially constitute, a negative or destructive impact on the durability or soundness of a structure.

    (4) Alarm System.

    (a) "Alarm system" means a device to generate an audible or visible warning of an unsafe condition.

    (b) "Alarm system" includes, but is not limited to:

    (i) A warning device, installed or freestanding;

    (ii) A carbon monoxide detector and alarm;

    (iii) A flue gas detector;

    (iv) A water or other spillage detector;

    (v) Security equipment;

    (vi) An ejector pump; and

    (vii) A smoke detector or alarm.

    (5) "Automatic safety controls" means a device designed and installed to protect systems and components from unsafe conditions.

    (6) "Component" means a permanently installed appliance, fixture, element, or part of a system necessary for the system to operate as designed.

    (7) “CSST” means corrugated stainless steel tubing used as flexible gas piping in fuel distribution systems.

    (8) "Decorative" means ornamental or not required for the operation of the essential systems and components of a home.

    (9) "Describe" means to report a system or component by its type or other observed significant characteristics to distinguish it from other systems or components.

    (10) "Dismantle" means 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.

    (11) "Engineering service" means a professional service or creative work requiring:

    (a) Engineering education, training, and experience; and

    (b) The application of special knowledge of the mathematical, physical, and engineering sciences to professional service or creative work such 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.

    (12) "Functional drainage" means a drain is:

    (a) Able to empty in a reasonable amount of time; and

    (b) Not subject to overflow when one of its supply faucets is left on.

    (13) "Functional flow" means sufficient water flow to provide uninterrupted supply to the highest unrestricted tap or faucet farthest from the source when a single intermediate unrestricted tap or faucet is operated simultaneously with uninterrupted flow.

    (14) "Further evaluation" means an examination and analysis by a qualified professional, tradesman, or service technician beyond that provided by the home inspection.

    (15) Heat Source.

    (a) "Heat source" means a mechanical means to transfer heat.

    (b) "Heat source" includes, but is not limited to:

    (i) A radiator;

    (ii) A convector unit;

    (iii) A radiant panel;

    (iv) A heat pipe;

    (v) Ductwork;

    (vi) A grille;

    (vii) A register; and

    (viii) Any other device from which heat is intended to be emitted.

    (16) "Household appliance" means a kitchen or laundry apparatus designed to perform a particular task or function, whether installed or freestanding.

    (17) "Inspect" means to examine readily accessible systems and components of a building in accordance with the standards of practice set forth in this chapter, using normal operating controls and opening readily openable access panels.

    (18) "Installed" means attached such that removal requires tools.

    (19) "Intended function" means:

    (a) Performing, or being able to perform, the usual function for which an item is designed or fitted; and

    (b) Being in a condition or state of repair appropriate to an item's function, age, and location.

    (20) "Normal operating control" means a device, such as a thermostat, switch, or valve, that may be operated by an individual and does not require specialized skill or knowledge.

    (21) "Readily accessible" means available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that will likely involve risk to a person or property.

    (22) "Readily openable access panel" means a panel provided for homeowner inspection and maintenance that:

    (a) Is within normal reach;

    (b) Can be easily removed by one person; and

    (c) Is not sealed in place.

    (23) Recreational Facility.

    (a) "Recreational facility" means a fitness or entertainment device or equipment.

    (b) "Recreational facility" includes, but is not limited to:

    (i) A spa;

    (ii) A sauna;

    (ii) A steam bath;

    (iv) Exercise equipment;

    (v) Entertainment devices;

    (vi) Athletic equipment;

    (vii) Playground equipment; and

    (viii) Other similar equipment and associated accessories.

    (24) "Representative number" means a quantity of components of any system or structure enough like others in its class or kind so as to serve as an example of the class or kind.

    (25) "Roof drainage system" means a component used to carry water off a roof and away from a building.

    (26) "Shut down" means a state in which a system or component cannot be operated by normal operating controls.

    (27) "Significantly deficient" means to be unsafe or not functioning as deigned or intended.

    (28) Solid Fuel Burning Appliance.

    (a) "Solid fuel burning appliance" means a hearth and fire chamber or similar prepared place:

    (i) In which a fire may be built; and

    (ii) That is constructed in conjunction with a chimney.

    (b) "Solid fuel burning appliance" includes a listed assembly of a fire chamber, its chimney, and related factory-made parts designed for unit assembly without requiring field construction.

    (29) "Structural component" means a component that supports nonvariable forces or weights and variable forces or weights.

    (30) "System" means a combination of interacting or interdependent components that are designed and assembled to carry out one or more functions.

    (31) "Technically exhaustive" means an investigation to identify concealed conditions or latent defects that involves dismantling, extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.

    (32) "Under-floor crawl space" means the area within the confines of the foundation and between the ground and the underside of the floor.

    (33) "Unsafe" means a condition in a readily accessible installed system or component that:

    (a) Is determined to create a significant risk of personal injury during normal, day-to-day use; and

    (b) May be the result of damage, deterioration, improper installation, or a change in accepted residential construction standards.

    (34) Wiring Methods.

    (a) "Wiring methods" means the identification of electrical conductors or wires by their general type.

    (b) "Wiring methods" includes, but is not limited to:

    (i) Nonmetallic sheathed cable;

    (ii) Armored cable; and

    (iii) Knob and tube.