WSR 16-01-184

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed December 22, 2015, 3:30 p.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 15-21-021

Title of Rule and Other Identifying Information: Chapter 308-408 WAC, Definitions; chapter 308-408A WAC, Licensing; chapter 308-408B WAC, Education—Home inspector course approval; and chapter 308-408C WAC, Standards of practice.

Hearing Location(s): Department of Licensing, 2000 4th Avenue West, Black Lake Building #3, Conference Room 3204, Olympia, WA 98502, on February 23, 2016, at 9 a.m.

Date of Intended Adoption: February 23, 2016, at 9 a.m.

Submit Written Comments to: Dolly Casitas, Department of Licensing, Home Inspector Program, P.O. Box 9021, Olympia, WA 98507-9021, e-mail dcasitas@dol.wa.gov, fax (360) 586-0998, by February 22, 2016.

Assistance for Persons with Disabilities: Contact Dolly Casitas by February 22, 2016, TTY (360) 360-0116 [664-0116] or (360) 664-6506.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amending home inspectors, chapters 308-408, 308-408A, 308-408B, 308-408C WAC, for effectiveness, clarity, intent, and statutory authority.

Amending WAC 308-408-010 Definitions, 308-408A-040 Application for home inspector examination, licensed in another jurisdiction, 308-408A-100 Home inspectors renewal—Expiration, 308-408A-105 Reinstatement of a canceled license for nonpayment of renewal fee, 308-408B-010 Course approval required, 308-408B-040 General requirements for course approval, 308-408B-060 Certificate of course completion, 308-408B-070 Course offered in a symposium or conference format, 308-408B-080 Disciplinary action—Procedures—Investigation, 308-408B-090 Grounds for denial or withdrawal of course approval, 308-408B-110 Record retention, 308-408B-120 Distance education delivery method approval required, 308-408C-070 Structure, 308-408C-080 Exterior, 308-408C-090 Roofs, 308-408C-110 Electrical system, 308-408C-120 Heating system, 308-408C-130 Air conditioning systems, 308-408C-140 Interiors, 308-408C-150 Insulation and ventilation, 308-408C-170 Site (minor change for housekeeping) and 308-408C-180 Attached garages or carports; new WAC 308-408C-190 Safety; and repealing WAC 308-408A-010 Application for a license—Fingerprinting and 308-408B-130 Fundamentals supplemental course.

Reasons Supporting Proposal: The amendments are needed because the rules written six years ago are incomplete, inconsistent, and at times contradictory. The proposed rule amendments are supported by industry.

Statutory Authority for Adoption: RCW 18.280.050.

Statute Being Implemented: Chapter 18.280 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Karen Jarvis, 2000 4th Avenue West, Olympia, WA 98502, (360) 664-6483.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt under RCW 34.05.310 (4)(g)(ii).

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to these proposed rules under the provisions of RCW 34.05 [34.05.328] (5)(a)(i).

December 22, 2015

Damon Monroe

Rules Coordinator

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408-010 Words and terms.

Words and terms used in these rules shall have the same meaning as each has under chapter 18.280 RCW unless otherwise clearly provided in these rules, or the context in which they are used in these rules clearly indicates that they be given some other meaning.

(1) "Active member of an association and/or local chapter" means a member who holds a position as an officer, director, or controlling person in a home inspector association.

(2) "Classroom" means training that takes place in a setting where individuals receiving training are assembled together and learn through lectures, study papers, class discussion, textbook study, or other means of organized formal education techniques, such as video, closed circuit, or other forms of electronic means.

(((2))) (3) "Comment" means the act of stating one's observations clearly in the report.

(((3))) (4) "Describe" means the act of stating one's observations clearly in the report.

(((4))) (5) "Distance education" means a delivery method in which instruction takes place in other than a live classroom setting, the instructor and the student are in physically separate locations, and interactive instructional methods such as video-based instruction, computer conferencing, video conferencing, interactive audio, interactive computer software, correspondence or internet-based instruction are used.

(((5))) (6) "Enter" means to physically go into an attic, crawlspace, or other area. Simply sticking one's head and shoulders into these areas is not entering.

(((6))) (7) "Experienced inspector" is a currently licensed home inspector who has performed at least two hundred fifty home inspections and has at least three years experience.

(8) "Field training" is in addition to the one hundred twenty hours of classroom instruction and shall be done on actual inspection sites. Field training must include forty hours of instruction with a minimum of five actual complete home inspections done to the standards of practice under the supervision of an experienced inspector. The applicant will be required to complete written reports for each inspection and the supervisor will review the reports and certify that they are in full compliance with the standards of practice. The forty hours of supervised instruction will not include travel time to and from inspection, meals, and report writing time.

(((7))) (9) "Interactive" means the course structure and technologies promote active student involvement with the course content, including the ability to:

(a) Access or bypass optional content, if applicable;

(b) Submit questions or answer test items, and receive direct feedback; and

Interactive instruction specifically excludes courses that only provide passive delivery of instructional content.

(((8))) (10) "Passive" means there is no required or actual interaction or feedback between the student and instructor.

(((9))) (11) "Preinspection agreement" is a written contract signed by the client that outlines the standards and work to be performed by the home inspector.

(((10))) (12) "Preoffer consultation" is a verbal report that is limited in scope performed by a licensed home inspector. A preinspection agreement must be signed by the client and describe the limited scope of the consultation. This preoffer consultation is conducted only prior to mutual acceptance.

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

(((12))) (14) "Record" means the act of stating one's observations clearly in the report.

(((13))) (15) "Report" means the act of stating one's observations clearly in the report.

(((14))) (16) "Standard home inspection" is a prelisting or presale written report that contains all or most of the components listed in the standards of practice. The components must be listed in the preinspection agreement. This standard home inspection report cannot be delivered verbally and must be in writing.

(((15))) (17) "Technically exhaustive" is an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations or other means.

(((16))) (18) "Traverse" means the act of physically moving through a crawlspace or attic or over the surface of a roof during an inspection when it is safe to do so.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408A-040 Application for home inspector examination, licensed in another jurisdiction.

(1) Any person ((applying for a home inspector examination who has been licensed and actively practices as a home inspector for two years in the last four years in another jurisdiction that meets or exceeds the requirements under chapter 18.280 RCW and has maintained)) who has taken the national portion of the home inspector examination or who has been licensed and actively practices in another jurisdiction and his or her license is in good standing is eligible to take the Washington state portion of the examination.

(2) Any person applying to take the examination under this section shall submit an examination application approved by the department and shall submit evidence of licensure in good standing in another jurisdiction by a license verification form completed by an administrative officer of the licensure authority in such jurisdiction.

(3) After the qualifications for the examination have been verified by the department the candidate shall contact the testing service up to one day prior to the desired test date to schedule and pay for an examination. Candidates requesting a morning or afternoon test session shall be scheduled immediately for an examination and will be provided with a registration number confirming their reservation. On the day of the examination, the candidate shall submit at the test site the verified examination application.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408A-100 Home inspectors renewal—Expiration.

The minimum requirements for a home inspector to be issued the renewal of a license are that the home inspector:

(1) Has ((furnished proof of successful completion of)) signed an affidavit certifying that they have successfully completed twenty-four hours in ((instruction in)) courses approved by the board.

(2) Submit a renewal fee.

(3) If the application for a renewal is not received by the ((director)) department or postmarked on or before the renewal date, a penalty fee as prescribed by the director by rule shall be paid.

(4) The license of any person whose license renewal fee is not received within one year from the date of expiration shall be canceled. This person may obtain a new license by satisfying the procedure and requirements as prescribed by the director by rule.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408A-105 Reinstatement of a canceled license for nonpayment of renewal fee.

Any person desiring to be reinstated as a licensed home inspector within two years of cancellation may have their license reinstated by satisfying either of the following options:

(1) Submission of an application to the director providing proof of the following:

(a) Successful completion of twenty-four hours of approved home inspection coursework completed within one year preceding the application for reinstatement((. A minimum of three clock hours must include a course(s) in Washington home inspector laws and regulations));

(b) Payment of all back renewal fees with penalty at the current rate; and

(2) Satisfy the procedures and qualifications for initial licensing, including the following:

(a) Successful completion of the home inspection licensing examination; and

(b) Successful completion of the fundamentals of home inspection course pursuant to RCW 18.280.070(2); and

(c) Proof of up to forty hours of field training supervised by a licensed home inspector as required by RCW 18.280.070(3).

(3) Former licensees canceled for nonpayment of fees for periods in excess of two years will be required to satisfy the requirements of subsection (2) of this section.

REPEALER

The following section of the Washington Administrative Code is repealed:


WAC 308-408A-010	Application for a license—Fingerprinting.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408B-010 Course approval required.

(1) Any education provider or course developer must submit a course to the department for approval.

(2) Course approval by the department is required prior to the date on which the course is offered for clock hour credit.

(3) ((Each application for approval of a course shall be submitted to the department on the appropriate application form provided)) The course provider must submit a completed course approval application using the method defined by the department.

(4) The director or designee shall approve, disapprove, or conditionally approve applications based upon criteria established by the board.

(5) Upon approval, disapproval or conditional approval, the applicant will be so advised in writing by the department. Notification of disapproval shall include the reasons therefor.

(6) Approval shall expire two years after the effective date of approval.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408B-040 General requirements for course approval.

Courses shall meet one of the following requirements:

(1) Be offered by a private entity; or

(2) Be offered by a tax-supported, public technical or community college or other institution of higher learning that offers college credits; or

(3) Be offered by the Washington home inspector board; and

(4) Have a minimum of one hundred twenty hours of coursework or instruction for the student for prelicense; or

(5) Have a minimum of two hours of coursework or instruction for the student for continuing education. A clock-hour is a period of fifty minutes of actual instruction; and

(6) Provide practical information related to the practice of home inspection in any of the following home inspection topic areas:

(a) Department prescribed curricula for prelicense:

Fundamentals of home inspection.

(b) Continuing education:

(i) Communications;

(ii) Structures;

(iii) Plumbing;

(iv) Electrical;

(v) Heating;

(vi) Ventilation;

(vii) Air conditioning;

(viii) Law and business administration;

(ix) Current trends and issues;

(x) Exteriors;

(xi) Interiors;

(xii) Consumer protection;

(xiii) Report writing; ((and))

(xiv) Environmental conditions or hazardous materials;

(xv) Building science; and

(xvi) Risk management.

(7) Be under the supervision of an instructor, who shall, at a minimum, be available to respond to specific questions from students;

(8) The following types of courses will not be approved for clock hours:

(a) Mechanical office and business skills, such as, keyboarding, speed-reading, memory improvement, and grammar;

(b) Standardized software programs such as word processing, e-mail, spreadsheets or data bases; an example: A course specific to the reporting system necessary to deliver a home inspection would be acceptable, but a course teaching how to use a computer would not be acceptable;

(d) Personal and sales motivation courses or sales meetings held in conjunction with a licensee's general business;

(e) Courses that are designed or developed to serve other professions, unless each component of the curriculum and content specifically shows how a home inspector licensee can utilize the information in the practice of home inspection;

(f) Personal finance, etiquette, or motivational type courses;

(g) Courses that are designed to promote or offer to sell specific products or services to home inspector licensees such as warranty programs, client/customer data base systems, software programs or other devices. Services or products can be offered during nonclock hour time, such as breaks or lunch time. Letterhead, logos, company names or other similar markings by itself, on course material are not considered promotional;

(h) Clock hours will not be awarded for any course time devoted to meals or transportation.

(9) Prelicense courses which are submitted for approval shall include a comprehensive examination(s) and answer key(s) of no fewer than two hundred questions, and a requirement of passing course grade of at least seventy percent; essay question examination keys shall identify the material to be tested and the points assigned for each question; an examination is not required for continuing education courses;

(10) Include textbook or instructional materials approved by the director, which shall be kept accurate and current;

(11) ((Not have a title which misleads the public as to the subject matter of the course;

(12))) The provider's course application shall identify learning objectives and demonstrate how these are related to the practice of home inspection.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408B-060 Certificate of course completion.

Each education provider must issue a certificate of course completion within thirty days to students who have satisfactorily completed the course requirements. The certificate shall include the following information:

(1) Student's name;

(2) ((School's)) Education provider's name;

(3) The course commencement date and completion date;

(4) Course title;

(5) Clock hours for the course;

(6) ((School administrator's)) Education provider's signature;

(7) Course identification number issued by the department; and

(8) ((Instructor name; and

(9))) Completion of a required examination, if applicable.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408B-070 Courses offered in a symposium or conference format.

(1) ((Approved schools)) Education providers offering courses in a symposium or conference format with two or more modules of independent instruction may issue certificates of course completion for fewer clock hours than approved by the department on their original course approval application; and

(2) Students must complete a minimum of two clock hours of instruction to receive clock hour credit.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408B-080 Disciplinary action—Procedures—Investigation.

(1) The department shall have the authority on its own motion or upon complaint made to it to investigate or audit any course to determine compliance with chapter 18.280 RCW and with the rules and regulations of this chapter.

(2) Complaints concerning approved courses should be made in writing to the department and contain the following information when appropriate:

(a) The complainant's name, address, and telephone number;

(b) ((School)) Education provider's name, address, and telephone number;

(d))) Nature of complaint and facts detailing dates of attendance, termination date, date of occurrence((, names, addresses and positions of school officials contacted)), and any other pertinent information;

(((e))) (d) An explanation of what efforts if any, have been taken to resolve the problem with the ((school;

(f) Copies of pertinent documents, publications, and advertisements)) education provider.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408B-090 Grounds for denial or withdrawal of course approval.

Course approval may be denied or withdrawn if ((the instructor or any owner, administrator or affiliated representative of a school, or a course provider or developer)) an education provider:

(1) Submits a false or incomplete course application or any other information required to be submitted to the department;

(2) Includes in its title the phrase "fundamentals of home inspection" if the course was not submitted for approval of clock hours pursuant to WAC 308-408B-020;

(3) ((If the title of the course misleads the public and/or licensees as to the subject matter of the course;

(4))) If course materials are not updated within thirty days of the effective date of a change in the statute or rules;

(((5))) (4) If course content or material changes are not submitted to the department for approval prior to the date of using the changed course content;

(((6))) (5) Failed to meet the requirements under WAC 308-408B-040 and 308-408B-120;

(((7))) (6) If a course or prescribed curriculum was approved through the mistake or inadvertence of the director.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408B-110 Record retention.

(1) Each ((school)) education provider shall maintain for a minimum of ((five)) two years each student's record;

(2) A "student record" shall include:

(a) The name, address, and telephone number of the ((school)) education provider;

(b) Full name, address, and telephone number of the student;

(d) Clock hour courses completed and examination results.

(3) Each ((school)) education provider shall provide a copy of a student's record to the student or the department upon request.

AMENDATORY SECTION (Amending WSR 09-13-001, filed 6/3/09, effective 7/4/09)

WAC 308-408B-120 Distance education delivery method approval required.

Applicants are required to submit an application for each separate distance education delivery method for which they propose to offer approved courses for clock hours. When submitting a distance education delivery method application, the following minimum criteria must be provided by the applicant:

(1) Specify the course learning objectives for each learning unit and clearly demonstrate that the learning objectives cover the subject matter and how these relate to the practice of home inspection. Objectives must be specific to ensure that all content is covered adequately to ensure mastery;

(2) Demonstrate how mastery of the material is provided by:

(a) Dividing the material into major learning units, each of which divides the material into modules of instruction;

(b) Specifying learning objectives for each learning unit or module of instruction. Learning objectives must be comprehensive enough to ensure that if all the objectives are met, the entire content of the course will be mastered;

(c) Specifying an objective, quantitative criterion for mastering, used for each learning objective and provide a structured learning method designed to enable students to attain each objective.

(3) Demonstrate that the course includes the same or reasonably similar informational content as a course that would otherwise qualify for the requisite number of clock hours of classroom-based instruction and how the provider will know that the student completed the required number of clock hours;

(4) Describe consistent and regular interactive events appropriate to the delivery method. The interactive elements must be designed to promote student involvement in the learning process, and must directly support the student's achievement of the course learning objectives. The application must identify the interactive events included in the course and specify how the interactive events contribute to achievement of the stated learning objectives;

(5) Demonstrate how the course provides a mechanism of individual remediation to correct any deficiencies identified during the instruction and assessment process;

(6) Measure, at regular intervals, the student's progress toward completion of the master requirement for each learning unit or module. In the case of computer-based instruction, the course software must include automatic shutdown after a period of inactivity;

(7) Demonstrate that instructors are available to answer questions regarding course content at reasonable times and by reasonable means, including in-person contact, individual and conference telephone calls, e-mail and fax;

(8) Demonstrate how reasonable security will be provided to ensure that the student who receives credit for the course is the student who enrolled in and completed the course. Both the ((approved school)) education provider and the student must certify in writing that the student has completed the course, and the required number of clock hours;

(9) Provide a complete description of any hardware, software, or other technology to be used by the provider and needed by the student to effectively engage in the delivery and completion of the course material and an assessment of the availability and adequacy of the equipment, software or other technologies to the achievement of the course's instructional claims;

(10) Provide an orientation session ((with the instructor or an affiliated representative of an approved school)). Mechanisms must be clearly in place which allow students an early orientation to discuss course specifics;

(11) Demonstrate how the provider determined the number of clock hours requested in the distance education delivery method approval application; and

(12) Provide with each distance education delivery method approval application a copy of a course evaluation form. The provider must provide each student with the mandatory evaluation form and retain the completed form in the ((school)) education provider's records as required under WAC 308-408B-110.

REPEALER

The following section of the Washington Administrative Code is repealed:


WAC 308-408B-130	Fundamentals supplemental course.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-070 Structure.

An inspection of the structure will include the visible foundation; floor framing; roof framing and decking; other support and substructure/superstructure components; stairs; ventilation (when applicable); and exposed concrete slabs in inspected garages, basements, crawl spaces, and habitable areas.

(1) The inspector will:

• Describe the type of building materials comprising the major structural components.

• Enter and traverse attics and subfloor crawlspaces.

• Inspect

(a) The condition ((and serviceability)) of visible, exposed foundations and grade slabs, walls, posts, piers, beams, joists, trusses, subfloors, chimney foundations, stairs and the visible roof structure and attic components where readily and safely accessible.

(b) Subfloor crawlspaces and basements for indications of flooding and moisture penetration.

• Probe a representative number of structural components where deterioration is suspected or where clear indications of possible deterioration exist. Probing is not required when probing will damage any finished surface or where no deterioration is suspected.

• Describe any deficiencies of these systems or components.

• Report all wood rot and pest-conducive conditions discovered.

• Refer all issues that are suspected to be insect related to a licensed structural pest inspector (SPI) or pest control operator (PCO) for follow up.

(2) The inspector is not required to:

• Enter

(a) Subfloor crawlspaces that require excavation or have an access opening less than eighteen inches by twenty-four inches or headroom less than eighteen inches beneath floor joists and twelve inches beneath girders (beams).

(b) Any areas that are not readily accessible due to obstructions, inadequate clearances or have conditions which, in the inspector's opinion, are hazardous to the health and safety of the inspector or will cause damage to components of the home.

• Move stored items or debris or perform excavation to gain access.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-080 Exterior.

An inspection of the exterior includes the visible wall coverings, trim, protective coatings and sealants, windows and doors, attached porches, decks, steps, balconies, handrails, guardrails, carports, eaves, soffits, fascias and visible exterior portions of chimneys.

(1) The inspector will:

• Describe the exterior components visible from ground level.

• Inspect visible wall coverings, trim, protective coatings and sealants, windows and doors, attached porches, decks, steps, balconies, handrails, guardrails, carports, eaves, soffits, fascias and visible exterior portions of chimneys.

• Probe exterior components where deterioration is suspected or where clear indications of possible deterioration exist. Probing is not required when probing will damage any finished surface or where no deterioration is suspected.

• Describe any deficiencies of these systems or components.

(2) The inspector is not required to:

• Inspect

(a) Buildings, decks, patios, fences, retaining walls, and other structures detached from the dwelling.

(b) ((Safety type glass or)) The integrity of thermal window seals.

(c) Flues or verify the presence of flue liners beyond what can be safely and readily seen from the roof or the firebox of a stove or fireplace.

• Test or evaluate the operation of security locks, devices or systems.

• Enter areas beneath decks with clearances of less than ((five feet of clearance from the underside of joists to grade)) eighteen inches under joists and twelve inches under beams.

• Evaluate the function or condition of shutters, awnings, storm doors, storm windows, screens, and similar accessories.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-090 Roofs.

An inspection of the roof includes the roof covering materials; gutters and downspout systems; visible flashings; roof vents; skylights, and any other roof penetrations; and the portions of the chimneys and flues visible from the exterior.

(1) The inspector will:

• Traverse the roof to inspect it.

• Inspect the gutters and downspout systems, visible flashings, soffits and fascias, skylights, and other roof penetrations.

• Report the manner in which the roof is ventilated if ventilation is required.

• Describe the type and general condition of roof coverings.

• Report multiple layers of roofing when visible or readily apparent.

• Describe any deficiencies of these systems or components.

(2) The inspector is not required to:

• Traverse a roof where, in the opinion of the inspector, doing so can damage roofing materials or be unsafe. If the roof is not traversed, the method used to inspect the roof must be reported.

• Remove snow, ice, debris or other material that obscures the roof surface or prevents access to the roof.

• Inspect gutter and downspout systems concealed within the structure; related underground drainage piping; and/or antennas, lightning arresters, or similar attachments.

• Operate powered roof ventilators.

• Predict remaining life expectancy of roof coverings.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-110 Electrical system.

The inspection of the electrical system includes the service drop through the ((main panel;)) service equipment subpanels ((including)), feeders; branch circuits, connected devices, and lighting fixtures as well as grounding and bonding of electrical components where visible/accessible.

(1) The inspector will:

(a) Describe in the report the type of primary service, whether overhead or underground, voltage, amperage, over-current protection devices (fuses or breakers) and the type or types of branch wiring used.

(b) Report

(i) The existence of a connected service-grounding conductor and service-grounding electrode when same can be determined.

(ii) When no connection to a service grounding electrode can be confirmed.

(c) Inspect the main and branch circuit conductors for proper over-current protection and condition by visual observation after removal of the readily accessible main and subelectric panel cover(s).

(d) Report((, if present, solid conductor aluminum branch circuits. Include a statement in the report that solid conductor aluminum wiring may be hazardous and a licensed electrician should inspect the system to ensure it's safe)) the presence of electrical conductors known in the inspection industry as possibly hazardous and that a licensed electrical contractor should evaluate further the types and methods of branch wiring use.

(e) Verify

(i) The operation of ((a representative number of)) readily accessible switches, receptacles and light fixtures.

(ii) The grounding and polarity of ((a representative number of)) all readily accessible receptacles; particularly in close proximity to plumbing fixtures or at the exterior.

(iii) Ground fault circuit interrupter (GFCI) protection and arc-fault circuit interrupter (AFCI) protection where currently required.

(f) Report the location of any inoperative, absent, or missing GFCI and/or AFCI devices when they are recommended and/or required by current industry standards.

(g) Advise clients that homes without ground fault or arc fault protection should have GFCI and AFCI devices installed where recommended ((by)) and/or required by current industry standards.

(h) Report on any ((circuit breaker)) service panel ((or)), subpanel, and fuse boxes known within the home inspection profession to have ((safety concerns)) inherit safety risks based on either design or age.

(i) Describe any deficiencies of these systems or components.

(2) The inspector is not required to:

(a) Insert any tool, probe or testing device into the main or subpanels.

(b) Activate electrical systems or branch circuits that are not energized.

(d) Inspect ancillary systems, including but not limited to:

(i) Timers.

(ii) Security systems.

(iii) Low voltage relays.

(iv) Smoke/heat detectors.

(v) Antennas.

(vi) Intercoms.

(vii) Electrical deicing tapes.

(viii) Lawn sprinkler wiring.

(ix) Swimming pool or spa wiring.

(x) Central vacuum systems.

(xi) Electrical equipment that's not readily accessible.

(e) Dismantle any electrical device or control, except for the removal of the deadfront covers from the main service panel and subpanels.

(f) Move any objects, furniture, or appliances to gain access to any electrical component.

(g) Test every switch, receptacle, and fixture.

(h) Remove switch and receptacle cover plates.

(i) Verify the continuity of connected service ground(s).

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-120 Heating system.

The inspection of the heating system includes the fuel source; heating equipment; heating distribution; operating controls; flue pipes, chimneys and venting; auxiliary heating units.

(1) The inspector will:

(a) Describe the type of fuel, heating equipment, and heating distribution systems.

(b) Operate the system using normal readily accessible control devices.

(d) Inspect

(i) The condition of normally operated controls and components of systems.

(ii) The condition and operation of furnaces, boilers, heat pumps, electrical central heating units and distribution systems.

(iii) Visible flue pipes and related components to ensure functional operation and proper clearance from combustibles.

(iv) Each habitable space in the home to determine whether or not there is a functioning heat source present.

(v) Spaces where fossil fuel burning heating devices are located to ensure there is air for combustion.

(vi) Electric baseboard and in-wall heaters to ensure they are functional.

(e) Report any evidence that indicates the possible presence of an underground storage tank.

(f) Report any open flame combustion appliances/devices present in sleeping rooms.

(g) Describe any deficiencies of these systems or components.

(2) The inspector is not required to:

(a) Ignite pilot lights.

(b) Operate:

(i) Heating devices or systems that do not respond to normal controls or have been shut down.

(ii) Any heating system when circumstances are not conducive to safe operation or when doing so will damage the equipment.

(i) Heat exchangers concealed inside furnaces and boilers.

(ii) Any heating equipment that is not readily accessible.

(iii) The interior of chimneys and flues.

(iv) Installed heating system accessories, such as humidifiers, air purifiers, motorized dampers, heat reclaimers; solar heating systems; or concealed distribution systems.

(d) Remove covers or panels that are not readily accessible or removable.

(e) Dismantle any equipment, controls, or gauges except readily identifiable access covers designed to be removed by users.

(f) Evaluate whether the type of material used to insulate pipes, ducts, jackets and boilers is a health hazard.

(g) Determine:

(i) The capacity, adequacy, or efficiency of a heating system.

(ii) Determine adequacy of combustion air.

(h) Evaluate thermostats or controls other than to confirm that they actually turn a system on or off.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-130 Air conditioning systems.

The inspection of the air conditioning system includes the cooling equipment; cooling distribution equipment and the operating controls.

(1) The inspector will:

(a) Describe the central air conditioning system and energy sources.

(b) Operate the system using normal control devices ((and measure and record temperature differential)).

(d) Inspect the condition of controls and operative components of the complete system; conditions permitting.

(e) Describe any deficiencies of these systems or components in the inspection report.

(f) Report missing or damaged appliance disconnects.

(2) The inspector is not required to:

(a) Activate cooling systems that have been shut down.

(b) Inspect

(i) Gas-fired refrigeration systems.

(ii) Evaporative coolers.

(iii) Wall or window-mounted air-conditioning units.

(iv) The system for refrigerant leaks.

(d) Determine the efficiency, or adequacy of the system.

(e) Operate cooling system components if the exterior temperature is below sixty degrees Fahrenheit or when other circumstances are not conducive to safe operation or when doing so might damage the equipment.

(f) Remove covers or panels that are not readily accessible.

(g) Dismantle any equipment, controls, or gauges except readily identifiable access covers designed to be removed by users.

(h) Determine how much current the unit is drawing.

(i) Evaluate digital-type thermostats or controls.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-140 Interiors.

The inspection of the interior includes the walls, ceilings, floors, windows, and doors; steps, stairways, balconies and railings.

(1) The inspector will:

(a) Verify

That steps, handrails, guardrails, stairways and landings are installed wherever necessary and report when they are missing or in need of repair and report when baluster spacing exceeds four inches.

(b) Inspect

(i) The overall general condition of cabinets and countertops.

(ii) Caulking and grout at kitchen and bathroom counters.

(iii) The interior walls, ceilings, and floors for indicators of concealed structural deficiencies, water infiltration or major damage.

(iv) The condition and operation of a representative number of windows and doors.

(i) On the presence or absence of smoke ((detectors)) alarms and carbon monoxide detectors and recommend that they be installed where required by current standards.

(ii) On the presence or absence of egress where required by current standards.

(d) Describe any noncosmetic deficiencies of these systems or components.

(2) The inspector is not required to:

(a) Report on cosmetic conditions related to the condition of interior components.

(b) Verify whether all walls, floors, ceilings, doorways, cabinets and window openings are square, straight, level or plumb.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-150 Insulation and ventilation.

The inspection of the insulation and ventilation includes the type and condition of the insulation and ventilation in viewable unfinished attics and subgrade areas as well as the installed mechanical ventilation systems.

(1) The inspector will:

• Inspect the insulation, ventilation and installed mechanical systems in viewable and accessible attics and unfinished subfloor areas.

• Describe the type of insulation in viewable and accessible unconditioned spaces.

• Report missing or inadequate vapor barriers in subfloor crawlspaces with earth floors.

• Report the absence of insulation at the interface between conditioned and unconditioned spaces where visible.

• Report the absence of insulation on heating system ductwork and supply plumbing in unconditioned spaces.

• Report the presence or absence of ventilation systems and their function when it can be determined.

• Describe any deficiencies of these systems or components.

(2) The inspector is not required to:

• Determine the presence, extent, and type of insulation and vapor barriers concealed in the exterior walls.

• Determine the thickness or R-value of insulation above the ceiling, in the walls or below the floors.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-170 Site.

The inspection of the site includes the building perimeter, land grade, and water drainage directly adjacent to the foundation; trees and vegetation that adversely affect the structure; walks, grade steps, driveways, patios, and retaining walls contiguous with the structure.

(1) The inspector will:

(a) Describe the material used for driveways, walkways, patios and other flatwork around the home.

(b) Inspect

(i) ((For serviceability of the)) Driveways, steps, walkways, patios, flatwork and retaining walls contiguous with the structure.

(ii) For proper grading and drainage slope.

(iii) Vegetation in close proximity to the home.

(2) The inspector is not required to:

• Inspect fences, privacy walls or retaining walls that are not contiguous with the structure.

• Report the condition of soil, trees, shrubs or vegetation unless they adversely affect the structure.

• Evaluate hydrological or geological conditions.

• Determine the adequacy of bulkheads, seawalls, breakwalls, and docks.

AMENDATORY SECTION (Amending WSR 09-08-014, filed 3/20/09, effective 4/20/09)

WAC 308-408C-180 Attached garages or carports.

The inspection of attached garages and carports includes their framing, siding, roof, doors, windows, and installed electrical/mechanical systems pertaining to the operation of the home.

(1) The inspector will:

• Inspect the condition and function of the overhead garage doors and associated hardware.

• Test the function of the garage door openers, their auto-reverse systems and secondary entrapment devices (photoelectric and edge sensors) when present.

• Inspect the condition and installation of any pedestrian doors.

• Inspect fire separation between the house and garage when applicable.

• Report as a fire hazard the presence of any ignition source (gas and electric water heaters, electrical receptacles, electronic air cleaners, motors of installed appliances, etc.) that is within eighteen inches of the garage floor.

• Describe any deficiencies of these systems or components.

(2) The inspector is not required to:

((• Determine whether or not a solid core pedestrian door that is not labeled is fire rated.))

• Verify the functionality of garage door opener remote controls.

• Move vehicles or personal property.

• Operate any equipment unless otherwise addressed in the SOP.

NEW SECTION

WAC 308-408C-190 Safety.

(1) Inspect for safety glass at locations currently requiring safety glass.

The inspector will:

• Report whether it is present, not present, or could not be determined.

• Include a recommendation in the inspection report that the presence of safety glazing at currently required locations be verified.

• Include a recommendation for upgrading to safety glazing where required by current standards.

(2) Report the presence of dead bolts that are keyed on both sides as being a safety hazard.