TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VIII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS PART 1410 HOME INSPECTOR LICENSE ACT SECTION 1410.200 STANDARDS OF PRACTICE
Section 1410.200 Standards of Practice
a) This Subpart defines the practice of home inspection in the State of Illinois by:
1) Defining certain terms relating to home inspections; and
2) Providing home inspection and home inspection report guidelines and requirements.
b) The following are terms commonly used in the writing of home inspection reports.
1) Alarm Systems: Warning devices, installed or free-standing, including but not limited to carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms.
2) Automatic Safety Controls: Devices designed and installed to protect systems and components from unsafe conditions.
3) Client: A person or entity who engages or seeks to engage the services of a home inspector for an inspection assignment or home inspection report of a residential real property.
4) Component: A part of a system.
5) Decorative: Ornamental; not required for the operation of the essential systems and components of a home.
6) Describe: To report a system or component by its type or other observed, significant characteristics to distinguish it from other systems or components.
7) Dismantle: 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.
8) Further Evaluation: Examination and analysis by a qualified professional, tradesperson or service technician beyond that provided by the home inspection.
9) Home Inspection: As defined in Section 1-10 of the Act.
10) Household Appliances: Include, but are not limited to, range, stove, oven, refrigerator, window air conditioner, washer, dryer, trash compactor and garbage disposal, and other appliances that may be part of a real estate transaction, whether installed or free-standing.
11) Inspect: To visually examine readily accessible systems and components of a building in accordance with this Subpart, using normal operating controls and opening readily accessible panels.
12) Installed: Attached in such a manner that removal requires tools.
13) Normal Operating Controls: Devices such as, but not limited to, thermostats, switches or faucets intended to be operated by the homeowner.
14) Readily Accessible: Available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that will likely involve risk to persons or property.
15) Readily Operable Access Panel: A panel provided for homeowner inspection and maintenance that is within normal reach, can be removed by one person, and is not sealed in place.
16) Recreational Facilities: Spas, saunas, steam baths, swimming pools, and exercise, entertainment, athletic, playground, or other similar equipment and associated accessories.
17) Report: To communicate in writing in a home inspection report as defined by the Act and this Part.
18) Representative Number: One component per room for multiple similar interior components, such as windows, doors, and electric outlets, and one component on each side of the building for multiple similar exterior components.
19) Roof Drainage Systems: Components used to carry water off a roof and away from a building.
20) Significantly Deficient: Unsafe or not functioning.
21) Shut Down: A state in which a system or component cannot be operated by normal controls.
22) Solid Fuel Burning Appliances: A hearth and fire chamber or similar 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.
23) Structural Component: A component that supports non-variable forces or weights (dead loads), and variable forces or weights (live loads).
24) System: A combination of interacting or interdependent components, assembled to carry out one or more functions.
25) Technically Exhaustive Inspection: An investigation that involves dismantling or the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.
26) Under-floor Crawl Space: The area within the confines of the foundation, and between the ground and the underside of the floor.
27) Unsafe: A condition in a system or component that poses a significant risk of personal injury or property damage during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation, or a change in accepted residential construction standards.
28) Wiring Methods: Includes identification of electrical conductors or wires such as, but not limited to, non-metallic sheathed cable (Romex), armored cable (BX), or knob and tube.
c) The purpose of this Subpart is to establish a minimum and uniform standard for licensed home inspectors to provide the client with information regarding the condition of the systems and components of the home as inspected at the time of the home inspection. The home inspectors shall observe readily visible and accessible installed systems and components listed as part of a home inspection, unless the system or component is limited and/or excluded under the executed written contract (i.e., pre-inspection agreement) with the client.
d) Home inspectors or home inspector entities shall enter into an executed written contract with the client or duly authorized representative prior to the home inspection that includes at a minimum:
1) The purpose of the inspection;
2) The date of the inspection;
3) The name, address, and license numbers of the home inspectors and home inspector entity;
4) The fee for services to be performed;
5) A statement that the inspection will be performed, at a minimum, in accordance with the Standards of Practice in this Part;
6) A list of the systems and components to be inspected;
7) The signature of the client or the client's duly authorized representative, and the signature of the home inspector, or the duly authorized representative of a home inspector entity; and
8) Limitations or exclusions of the home inspection services, and the systems or components being inspected. These may include, but are not limited to, the following:
A) That the home inspector is not required to determine the condition of any component or system that is not readily accessible, the service life expectancy of any component or system, or the cause for the need of replacement of any system or component.
B) That the home inspector is not required to operate any system that is shut down or that does not turn on with the use of normal operating controls.
C) That the home inspector is not required to enter or access any area that may be unsafe or not readily accessible, perform any engineering or environmental services, report on future conditions, or offer warranties, guarantees, or insurance policies of any kind for the property or property systems being inspected.
e) Home inspectors or home inspector entities shall submit a written home inspection report to the client or duly authorized representative within 2 business days after the completed inspection that satisfies, at a minimum, the following requirements:
1) The home inspection report may be in electronic format and shall include a written or electronic signature of the home inspector or the duly authorized representative of a home inspector entity who conducted the home inspection;
2) The home inspection report shall include the names and license numbers of all home inspectors who participated in the home inspection;
3) The on-site inspection beginning time and the weather conditions at the time of the inspection;
4) A description of the condition of the systems and components that were inspected, which may include photos of the systems and components; and
5) Description of those systems and components inspected that, in the opinion of the inspector, are significantly deficient including:
A) A reason why the system or component is significantly deficient;
B) Whether the reported deficiency should be corrected or monitored;
C) Disclosure of any systems or components designated for inspection that were present at the time of the home inspection but were not inspected, and a reason as to why they were not inspected, such as any obstructions or conditions that prevented the inspection.
6) The written home inspection report does not have to include the names of anyone performing ministerial duties related to the home inspection that does not alter the content of the report.
f) These Standards of Practice are not intended to limit home inspectors from:
1) Including other inspection services, systems, or components in addition to those defined in these Standards of Practice;
2) Specifying repairs that the licensed home inspector is qualified and willing to perform; and
3) Excluding systems and components from the inspection if the exclusion is specified in the executed written contract with the client.
g) When, pursuant to the executed written contract with a client, the structural system and foundation is inspected, the home inspector shall:
1) Inspect the structural components, including the foundation and framing;
2) Describe the foundation and its construction type, as well as report the methods used to inspect the under-floor crawl space or basement area, attic, floor, wall, ceiling, framing, and roof;
3) Report visible signs of water and moisture penetration into the building or signs of condensation on building components; and
4) Report any infestation that significantly impacts the structure or integrity of the home.
h) When, pursuant to the executed written contract with a client, the exterior is inspected, the home inspector shall:
1) Inspect the exterior wall covering; exposed foundation; flashing and trim; all exterior doors and windows; siding; attached decks, balconies, stoops, steps, porches; landings, and their associated railings; the eaves, soffits, and fascia or other exposed trim if readily accessible from the ground level; the vegetation, grading, surface drainage, and retaining walls on the property; and if any of these are likely to adversely affect the building, walkways, patios, and driveways leading to dwelling entrances; and
2) Describe the exterior wall covering.
i) When, pursuant to the executed written contract with a client, the roof system is inspected, the home inspector shall:
1) Inspect the roof covering, roof drainage systems, flashings, skylights, chimneys, and roof penetrations; and
2) Describe the roof covering and report the methods used to inspect the roof.
j) When, pursuant to the executed written contract with a client, the plumbing system is observed, the home inspector shall:
1) Inspect and describe in detail:
A) the interior water supply and distribution systems (including fixtures, faucets, piping, drains, waste, and vent systems);
B) water heating equipment;
C) fuel storage and distribution systems; and
D) drainage sumps, sump pump and related piping; and
2) Report the location of main water and main shut-off valves, the water service entry, water distribution piping materials, the type of water heating equipment, the capacity of that equipment, and leaks.
k) When, pursuant to the executed written contract with a client, the electrical system is inspected, the home inspector shall:
1) Inspect the service drop; service entrance conductors, cables, and raceways; service equipment and main disconnects; service grounding; interior components of service panels and subpanels; conductors; overcurrent protection devices; a representative number of installed lighting fixtures, switches, and receptacles; and ground fault circuit interrupters;
2) Describe the amperage and voltage rating of the service, the location of main disconnects and subpanels and the wiring methods;
3) Report on the presence of solid conductor aluminum branch circuit wiring; and
4) Report on any non-compliance with the Carbon Monoxide Alarm Detector Act [430 ILCS 135] and the Smoke Detector Act [425 ILCS 60].
l) When, pursuant to the executed written contract with a client, the heating system is inspected, the home inspector shall:
1) Inspect the permanently installed heating equipment, including fans, pumps, ducts, and piping; their operating controls, supports, registers, radiators, and convectors; and visible vent systems, flues, and chimneys; and
2) Describe the energy source, the heating equipment, and the heating method by their distinguishing characteristics.
m) When, pursuant to the executed written contract with a client, the cooling system is inspected, the home inspector shall:
1) Inspect the permanently installed central and through-wall cooling equipment, and any operating controls; and
2) Describe the energy source and the cooling method by their distinguishing characteristics.
n) When, pursuant to the executed written contract with a client, the interior is inspected, the home inspector shall:
1) Inspect the walls, ceilings, and floors; steps, stairways, balconies and their railings; countertops, installed cabinets, household appliances included with the property, doors, and windows; garage doors, and garage door operators; and
2) Report visible signs of water and moisture penetration into the building or signs of condensation on building components.
o) When, pursuant to the executed written contract with a client, the insulation and ventilation are inspected, the home inspector shall:
1) Inspect the insulation and vapor retarders in unfinished spaces, the ventilation of attics and foundation areas, and the mechanical ventilation systems in attics, kitchens, bathrooms, and laundry; and
2) Describe the insulation and vapor retarders in unfinished spaces and the absence of insulation in unfinished spaces at conditioned surfaces.
p) When, pursuant to the executed written contract with a client, the fireplaces and solid fuel burning appliances are inspected, the home inspector shall:
1) Inspect the system components, vent systems, flues, and chimneys; and
2) Describe the fireplaces, solid fuel burning appliances, and chimneys, and report any significant damage or deterioration that is visible.
(Source: Amended at 48 Ill. Reg. 2424, effective February 2, 2024) |