# COMAR Title 09 — Maryland Department of Labor

## Subtitle 36 — Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors — Home Inspectors

### Chapter 01 — General Regulations

**Authority:** Business Occupations and Professions Article, §§16-216, 16-220, 16-601, and 16-701.1(a)(7), Annotated Code of Maryland

**Administrative History:** Effective date: January 7, 2013 (39:26 Md. R. 1664)

**Administrative History:** Regulation .02 adopted effective January 14, 2019 (46:1 Md. R. 11)

#### Regulation .01 Time Limitations for Filing Complaints.

*COMAR 09.36.01.01*

The Commission may summarily dismiss any complaint brought against a licensee after 3 years from the date of the home inspection report from which the complaint arises, unless the Commission finds that the complainant's delay in bringing the complaint was justified and that the delay does not result in an undue burden for the licensee.

#### Regulation .02 Correspondence with the Commission.

*COMAR 09.36.01.02*

A. If an applicant or licensee receives from the Commission a written communication requesting a response, the applicant or licensee shall respond in writing within 30 days of the date of the mailing.

B. The Commission shall send a written communication by first-class mail to the last address furnished to the Commission by the applicant or registrant.

C. It is the responsibility of an applicant or licensee to notify the Commission in writing if there has been a change in an applicant’s or licensee’s address.

D. Failure to respond as required by this regulation may be considered by the Commission to be a violation of Business Occupations and Professions Article, §16-701.1(a)(7), Annotated Code of Maryland

### Chapter 02 — Work Experience Requirements

*Repealed*

**Administrative History:** Effective date:

**Administrative History:** Regulation .01 adopted as an emergency provision effective January 31, 2002 (29:4 Md. R. 412); adopted permanently effective May 27, 2002 (29:10 Md. R. 826)

**Administrative History:** Regulation .01 repealed effective May 22, 2017 (44:10 Md. R. 472)

### Chapter 03 — Fees

**Authority:** Business Occupations and Professions Article, §§16-216, 16-217, 16-3A-02, 16-3A-03, 16-3A-05, 16-3A-07, and 16-3A-08, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulation .01 adopted as an emergency provision effective January 31, 2002 (29:4 Md. R. 412); adopted permanently effective May 27, 2002 (29:10 Md. R. 826)

**Administrative History:** Regulation .01 amended as an emergency provision effective February 24, 2012 (39:6 Md. R. 405); amended permanently effective May 28, 2012 (39:10 Md. R. 659)

#### Regulation .01 License Fees.

*COMAR 09.36.03.01*

A. Pursuant to Business Occupations and Professions Article, Title 16, Annotated Code of Maryland, the Commission shall set fees to produce funds to approximate the cost of maintaining the Commission.

B. The Commission shall charge the following amounts:

  (1) License application fee — $50;

  (2) License renewal fee — $325;

  (3) License reinstatement fee — $50;

  (4) Reciprocal license application fee — $50;

  (5) Original license fee — $325.

C. The failure without good cause to pay any fees or charges due under this regulation is grounds for disciplinary action under Business Occupations and Professions Article, §16-701.1(a)(7), Annotated Code of Maryland.

### Chapter 04 — Responsibilities of Licensees

**Authority:** Business Occupations and Professions Article, §§16-216 and 16A-3A-02, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted as an emergency provision effective January 31, 2002 (29:4 Md. R. 412); adopted permanently effective May 27, 2002 (29:10 Md. R. 826)

**Administrative History:** Chapter revised effective January 14, 2019 (46:1 Md. R. 11)

#### Regulation .01 Responsibilities of Licensees.

*COMAR 09.36.04.01*

A licensee shall undertake to provide home inspection services only if the licensee is qualified by training, education and experience to provide the required services.

#### Regulation .02 Time to Request a Formal Hearing.

*COMAR 09.36.04.02*

A. A license applicant or a licensee shall request, in writing, a hearing within 30 days of a decision by the Commission to deny an initial license or renewal of a license.

B. The 30-day time period referred to in §A of this regulation begins on the date notification of an adverse decision by the Commission was sent to the last known address of the licensee or applicant.

#### Regulation .03 Notice of Change of Licensing Information.

*COMAR 09.36.04.03*

In addition to the requirements of Business Occupations and Professions Article, §16-4A-03, Annotated Code of Maryland, a licensed home inspector shall notify the Commission, in writing, within 15 days, of any change of the business name or address of the licensee or of a change of the business name or address of the business through which the licensee performs home inspection services.

### Chapter 05 — Hearing Regulations

**Authority:** Business Occupations and Professions Article, § 16-216, Annotated Code of Maryland

**Administrative History:** Effective date: March 15, 2004 (31:5 Md. R. 448)

#### Regulation .01 Contested Case Hearings.

*COMAR 09.36.05.01*

A. Except as provided in §§B and C of this regulation, all contested case hearings before the Commission are governed by COMAR 09.01.02.

B. Contested case hearings before the Commission shall be conducted before the Home Inspector Hearing Board in accordance with Business Occupations and Professions Article, §§16-210.1 and 16-211, Annotated Code of Maryland.

C. In accordance with Business Occupations and Professions Article, §16-211(d), Annotated Code of Maryland, the Commission or any of its members may file an exception to the decision of the Hearing Board within 15 days after the filing of the Hearing Board's decision.

D. If a timely exception under §C of this regulation is filed, the Commission shall set the matter in for a hearing before the Commission.

E. All contested hearings delegated to the Office of Administrative Hearings are governed by COMAR 09.01.03.

### Chapter 06 — Code of Ethics

**Authority:** Business Occupations and Professions Article, §§16-208(a)(2), 16-216(2), and 16-3A-07(e), Annotated Code of Maryland

**Administrative History:** Effective date: February 11, 2008 (35:3 Md. R. 289)

**Administrative History:** Regulation .01E, F amended effective March 31, 2025 (52:6 Md. R. 267)

**Administrative History:** Regulation .01G adopted effective March 31, 2025 (52:6 Md. R. 267)

#### Regulation .01 Responsibilities to the Public.

*COMAR 09.36.06.01*

A home inspector shall:

A. Act as an impartial third party;

B. Discharge the home inspector's duties:

  (1) With integrity and fidelity to the public;

  (2) With fairness and objectivity to all parties; and

  (3) Without bias to any party;

C. Always act in good faith towards a client;

D. Express an opinion only if it is based on practical experience and personal knowledge;

E. Promptly inform a client of any business association, interest, or circumstance that may influence the home inspector's judgment or the quality of the home inspector's inspection service to the client;

F. Make every effort to uphold, maintain, and improve the professional practice, integrity, and reputation of the home inspection industry; and

G. Obey all federal and state laws, regulations, and local ordinances.

#### Regulation .02 Prohibitions.

*COMAR 09.36.06.02*

A. A home inspector may not:

  (1) Except under circumstances in which the safety, health, property, or welfare of the public is endangered, disclose any information concerning the results of an inspection without the approval of the client for whom the inspection was performed;

  (2) Accept compensation, financial or otherwise, from more than one interested party for the same service on the same property unless the home inspector makes full disclosure to all interested parties and obtains the consent of all interested parties; or

  (3) Accept or offer a commission or allowance, directly or indirectly, to or from another party dealing with the client in connection with home inspection services for which the home inspector is responsible.

B. A home inspector may not:

  (1) Sell or offer to sell products for the repair of defects or the correction of deficiencies disclosed during an inspection to the client for a period of 1 year from the date of the inspection;

  (2) Provide or offer to provide services to repair defects or correct deficiencies disclosed during an inspection for a period of 1 year from the date of the inspection; or

  (3) Express an appraisal or opinion of the market value of the inspected property within the context of the inspection.

#### Regulation .03 Additional Services.

*COMAR 09.36.06.03*

A home inspector may provide additional inspection services to the client if the home inspector discloses to the client that the additional inspection services are not part of the home inspection.

#### Regulation .04 Conflicts of Interest.

*COMAR 09.36.06.04*

A. A home inspector shall avoid conflicts of interest with a client or an owner of property that is subject to an inspection by the home inspector.

B. If a conflict appears unavoidable, the home inspector shall disclose promptly and fully all circumstances of the conflict to the client.

### Chapter 07 — Minimum Standards of Practice

**Authority:** Business Occupations and Professions Article, §§16-208(a) 16-216(2), and 16-701.1(a)(3) and (7), Annotated Code of Maryland

**Administrative History:** Effective date: February 11, 2008 (35:3 Md. R. 289)

**Administrative History:** Regulation .01B amended effective March 17, 2014 (41:5 Md. R. 343)

**Administrative History:** Regulation .02D amended effective August 19, 2024 (51:16 Md. R. 742)

**Administrative History:** Regulation .07A, B amended effective March 17, 2014 (41:5 Md. R. 343)

**Administrative History:** Regulation .08C, D amended effective March 17, 2014 (41:5 Md. R. 343)

**Administrative History:** Chapter revised effective December 22, 2025 (52:25 Md. R. 1268)

#### Regulation .01 Definitions.

*COMAR 09.36.07.01*

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:

      (i) Services to detect the presence of a wood-destroying insect or organism; and

      (ii) Inspection and testing to evaluate the functional ability of septic system including drain and sewage lines.

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

      (i) Radon levels;

      (ii) Well water potability; and

      (iii) 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 system, component, or 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 include in the written report:

    (a) A description of a system or component by its type or other observed significant characteristics to distinguish it from other systems or components;

    (b) The condition of the inspected item and indicate its proper operation or function; and

    (c) A statement of recommended corrective action, if appropriate.

  (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 an installed kitchen or laundry apparatus designed to perform a particular task or function.

  (17) “Inspect” means to examine readily accessible systems and components of a building in a non-invasive manner and 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 and does not include opening an access panel or cover that is sealed and cannot be returned to its existing condition.

  (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;

      (iii) 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 non-variable 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.

#### Regulation .02 General.

*COMAR 09.36.07.02*

A. Purpose. In the general public interest, the standards of practice set forth in this chapter are promulgated to establish a minimum and uniform standard of performance to be exercised by a home inspector licensed by the Maryland State Commission of Real Estate Appraisers and Home Inspectors.

B. Conflicts. If this chapter conflicts with other federal or State requirements, the home inspector shall follow the more stringent requirements.

C. Scope. The standards of practice set forth in this chapter apply only to the inspection of a residential building containing one to four dwelling units.

D. Inspections.

  (1) The standards of practice set forth in this chapter:

    (a) Identify the items, components, systems, and certain terms included in the scope of a home inspection; and

    (b) Apply to a visual inspection of the readily accessible areas of the included items, components, and systems to determine if, at the time of the home inspection, the items, components, and systems are performing their intended function or are determined to be significantly deficient.

  (2) A home inspection performed in accordance with the standards of practice set forth in this chapter:

    (a) Shall be conducted while the licensed home inspector who is responsible for preparing the report in accordance with Business Occupations and Professions Article, § 16-101(i), Annotated Code of Maryland, is physically on-site at the property to be inspected;

    (b) Is intended to provide a client with objective information regarding the condition of the systems and components of a home at the time of the home inspection;

    (c) Acts to identify visible defects and conditions that, in the judgment of the home inspector, adversely affect the function or integrity of the items, components, and systems inspected, including those items or components near the end of their serviceable life;

    (d) May not be construed as a compliance inspection pursuant to any code or governmental regulation;

    (e) Is not intended to be construed as a guarantee, warranty, or any form of insurance;

    (f) Is not an express or implied warranty or a guarantee of the adequacy, performance, or useful life of any item, component, or system in, on, or about the inspected property;

    (g) Is based on the visual observation of the home inspector; and

    (h) Shall be performed in a time period sufficient to allow compliance with the provisions of the standards of practice set forth in this chapter.

E. Representative Number. For the purpose of making a finding or conclusion as a result of a home inspection, a home inspector may consider a representative number of:

  (1) Electrical outlets;

  (2) Exterior windows;

  (3) Doors;

  (4) Siding materials; and

  (5) Exposed attic and floor, including attic and floor framing.

F. Report. A home inspection report:

  (1) Shall contain the written opinion of the home inspector based on the judgment and experience of the home inspector;

  (2) Shall contain a description of systems and components in accordance with §D of this regulation;

  (3) Is not intended to be technically exhaustive; and

  (4) May identify items in need of further evaluation.

#### Regulation .03 Limitations and Exclusions.

*COMAR 09.36.07.03*

A. A home inspection performed in accordance with the standards of practice set forth in this chapter:

  (1) Is not technically exhaustive; and

  (2) May not identify concealed conditions or latent defects.

B. Except as may be required by lawful authority, a home inspector is not required to perform any action or make any determination unless specifically stated in the standards of practice set forth in this chapter.

C. A home inspector is not required to determine any of the following:

  (1) Condition of a system or component that is not readily accessible;

  (2) Remaining life of any system or component;

  (3) Strength, adequacy, effectiveness, or efficiency of any system or component;

  (4) Causes of any condition or deficiency;

  (5) Methods, materials, or costs of corrections;

  (6) Future conditions, including, but not limited to, failure of systems and components;

  (7) Suitability of the property for any specialized use;

  (8) Property boundary lines or encroachments;

  (9) Compliance of the structure with applicable provisions of local ordinances, regulations, or codes;

  (10) Market value of the property or its marketability;

  (11) Advisability of the purchase of the property;

  (12) Indoor air quality or sickness of any building, including, but not limited to, the presence or absence of all manner of biological activity, such as carcinogens, mold, insects, birds, pets, mammals, and other flora and fauna, and their consequent damage, toxicity, odors, waste products, and noxiousness;

  (13) Effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances;

  (14) Operating costs of a system or component;

  (15) Acoustical properties of any system or component; or

  (16) Existence of manufacturer's recalls.

D. A home inspector is not required to offer or perform any of the following:

  (1) Any act or service contrary to law;

  (2) Engineering services;

  (3) Work in any trade or any professional service other than home inspection; or

  (4) Warranties or guarantees of any kind.

E. A home inspector is not required to operate or activate:

  (1) A system or component that

    (a) Is shut down or otherwise inoperable; or

    (b) Does not respond to normal operating controls;

  (2) Shut off valves and manual stop valves;

  (3) Automatic safety controls;

  (4) Remote controlled devices via WiFi, Bluetooth, RF, or other electronic means; and

  (5) Any Smart Home System and associated device..

F. A home inspector is not required to enter:

  (1) Any area that may be, in the opinion of the home inspector, dangerous to the inspector or other persons or may damage the property or its systems or components; or

  (2) Under-floor crawl spaces, attics, or other unfinished areas that are not readily accessible.

G. A home inspector is not required to inspect any of the following:

  (1) Underground items, including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or active;

  (2) Systems or components that are not installed;

  (3) Decorative items;

  (4) Systems or components located in areas that cannot be entered in accordance with the standards of practice set forth in this chapter;

  (5) Detached structures other than garages and carports;

  (6) Recreational facilities;

  (7) Common elements or common areas in multiunit housing, such as condominium properties or cooperative housing; or

  (8) A common condominium component or system or evaluated condominium reserve accounts.

H. A home inspector is not required to:

  (1) Perform any procedure or operation that may be, in the opinion of the inspector, dangerous to the inspector or other persons or damage the property or its systems or components;

  (2) Move suspended ceiling tiles, personal property, furniture, equipment, plants, soil, snow, ice, or debris;

  (3) Dismantle any system or component, except as explicitly required by the standards of practice set forth in this chapter;

  (4) Include in a written report any information from any source concerning previous:

    (a) Property, geological, environmental, or hazardous waste conditions;

    (b) Manufacturer recalls or conformance of proper manufacturer's installation of any component or system; or

    (c) Information contained in a consumer protection bulletin of publication;

  (5) Anticipate or speculate about possible future events or conditions, including but not limited to:

    (a) Decay, deterioration, or damage that may occur after the inspection;

    (b) Deficiencies from abuse, misuse, or lack of use;

    (c) Changes in performance of any component or system due to changes in use or occupancy;

    (d) The consequences of the inspection or its effects on current or future buyers and sellers;

    (e) Common household accidents, personal injury, or death;

    (f) Water intrusion; or

    (g) The future performance of any system or system component; and

  (6) Provide additional inspection services not specifically set forth in this chapter and in accordance with COMAR 09.36.06.03 and Regulation .02 of this chapter.

#### Regulation .04 Structural System.

*COMAR 09.36.07.04*

A. A home inspector shall visually inspect the accessible structural system, including the structural components.

B. A home inspector shall describe the visible types and materials of the structural system, including the:

  (1) Foundation including a reference to the location of access and methods used to inspect the under-floor crawl spaces and basements;

  (2) Floor structure;

  (3) Wall structure;

  (4) Ceiling structure;

  (5) Roof structure, including a reference to the location of access and methods used to inspect the attic; and

  (6) Conditions that adversely impact the structure.

C. Probing.

  (1) A home inspector shall probe a representative number of structural components where deterioration is suspected or where clear indications of possible deterioration exist.

  (2) Probing is not required:

    (a) If it will damage any finished surface; or

    (b) Where no deterioration is visible.

D. A home inspector is not required to:

  (1) Provide any engineering service; or

  (2) Offer an opinion as to the adequacy of any structural system or component.

#### Regulation .05 Exterior.

*COMAR 09.36.07.05*

A. A home inspector shall visually inspect the accessible exterior components, including:

  (1) Exterior wall covering, flashing, and trim;

  (2) All exterior doors;

  (3) Attached decks, balconies, stoops, steps and stringers, porches, and their associated railings and balusters;

  (4) Eaves, soffits, and fascias that are accessible from the ground level;

  (5) Vegetation, grading, surface drainage, and retaining walls on the property if any of these may adversely affect the building; and

  (6) Walkways, patios, and driveways leading to dwelling entrances.

B. A home inspector shall describe:

  (1) The exterior:

    (a) Wall covering;

    (b) Flashing;

    (c) Trim; and

    (d) Doors;

  (2) Deck components, including the absence of flashing at the ledger board;

  (3) Eaves, soffits, and facias;

  (4) Walkways, patios, driveways, including trip hazards; and

  (5) Grading and surface drainage that may adversely affect the building.

C. A home inspector is not required to inspect any of the following:

  (1) Screening, shutters, awnings, and similar seasonal accessories:

  (2) Fences, including each fence gate;

  (3) Geological, geotechnical, or hydrological conditions;

  (4) Recreational facilities;

  (5) Outbuildings;

  (6) Seawalls, break-walls, and docks; or

  (7) Erosion control and earth stabilization measures.

#### Regulation .06 Roof System.

*COMAR 09.36.07.06*

A. A home inspector shall visually inspect the accessible roof system, including:

  (1) The roof covering;

  (2) Roof drainage components;

  (3) Flashings; and

  (4) Skylights, chimneys, and roof penetrations.

B. A home inspector shall describe the roof covering including the type and material and report the methods used to inspect the roof.

C. A home inspector is not required to:

  (1) Inspect:

    (a) Antennae and lightning arrestor systems;

    (b) Interiors of flues or chimneys that are not readily accessible;

    (c) Solar panels; or

    (d) Other installed accessories;

  (2) Walk on or access a roof where it could damage the roof or roofing material or be unsafe for the home inspector;

  (3) Remove snow, ice, debris, or other conditions that prohibit the observation of the roof surfaces; or

  (4) Determine:

    (a) The remaining life expectancy of roof coverings;

    (b) The presence or absence of hail damage;

    (c) Manufacturer's defects;

    (d) Installation methods; or

    (e) The number of layers of roofing material.

#### Regulation .07 Plumbing System.

*COMAR 09.36.07.07*

A. A home inspector shall visually inspect the accessible plumbing system, including:

  (1) Interior water supply and distribution systems, including all fixtures and faucets;

  (2) Drain, waste, and vent systems, including all fixtures;

  (3) Water heating equipment;

  (4) Vent systems, flues, and chimneys;

  (5) Fuel storage and fuel distribution systems for the presence of CSST;

  (6) Drainage sumps, sump pumps, and related piping;

  (7) The functional flow of all fixtures and faucets; and

  (8) The functional drainage of all fixtures.

B. A home inspector shall describe the type and material of the plumbing system, including:

  (1) Water supply, drain, waste, and vent piping materials, including waste cleanout access location:

  (2) Water heating equipment, including the energy source;

  (3) The location of the main water and hose bib shut-off valves;

  (4) The location of the main fuel shut-off valve; and

  (5) The presence of CSST with the recommendation that the bonding of the CSST be reviewed by a licensed master electrician.

C. A home inspector is not required to:

  (1) Inspect any of the following:

    (a) Clothes washing machine connections;

    (b) Interiors of flues or chimneys that are not readily accessible;

    (c) Wells, well pumps, or water storage related equipment;

    (d) Water conditioning systems;

    (e) Solar, geothermal, or other renewable energy water heating systems;

    (f) Fire and lawn sprinkler systems; or

    (g) Private waste disposal systems;

  (2) Determine:

    (a) Whether water supply and waste disposal systems are public or private;

    (b) The quantity or quality of the water supply; or

    (c) The function of expansion tanks, anti-siphon devices, and water circulating systems;

  (3) Operate or activate safety valves or shut-off valves; or

  (4) Test shower pans or other fixtures for leaks.

#### Regulation .08 Electrical Systems.

*COMAR 09.36.07.08*

A. A home inspector shall visually inspect the accessible electrical system, including:

  (1) The service drop;

  (2) Service entrance conductors, cables, and raceways;

  (3) Service equipment and main disconnects;

  (4) Service grounding;

  (5) System bonding;

  (6) Interior components of service panels and distribution panels;

  (7) Conductors;

  (8) Overcurrent protection devices;

  (9) A representative number of installed lighting fixtures, switches, and receptacles;

  (10) Ground fault and arc fault circuit interrupters; and

  (11) The general condition of visible branch circuit conductors that may constitute a hazard to the occupant or the structure by reason of improper use or installation of electrical components.

B. A home inspector shall describe the type and materials of the electrical system, including the:

  (1) Amperage and voltage rating of the service;

  (2) Location of:

    (a) Main disconnect;

    (b) Service equipment;

    (c) Distribution panels; and

  (3) Wiring methods.

C. If applicable, a home inspector shall describe the:

  (1) Presence of solid conductor aluminum branch circuit wiring;

  (2) Presence or absence of:

    (a) Smoke alarms; or

    (b) Carbon monoxide alarms; and

  (3) Presence of:

    (a) Non-arc-resistant CSST gas piping with the recommendation that the bonding of the CSST be reviewed by a licensed master electrician; and

    (b) Alternative energy systems, including disconnect locations.

D. A home inspector is not required to:

  (1) Inspect:

    (a) Remote control devices, unless the device is the only control device;

    (b) Alarm systems and components;

    (c) Low voltage wiring systems and components;

    (d) Ancillary wiring, systems, and components that are not a part of the primary electrical power distribution system; or

    (e) the existing bonding method for CSST; or

  (2) Measure amperage, voltage, or impedance.

#### Regulation .09 Heating System.

*COMAR 09.36.07.09*

A. A home inspector shall visually inspect accessible:

  (1) Installed heating equipment;

  (2) Vent systems, flues, and chimneys; and

  (3) Heat Sources.

B. A home inspector shall describe:

  (1) The type of system;

  (2) Energy sources; and

  (3) Heating methods by distinguishing characteristics and means of distribution.

C. A home inspector shall operate the heating system using normal operating controls, including emergency or auxiliary modes, if applicable.

D. A home inspector is not required to:

  (1) Inspect:

    (a) Flue or chimney interiors that are not readily accessible;

    (b) Heat exchangers;

    (c) Humidifiers or dehumidifiers;

    (d) Electronic air filters; or

    (e) Solar space heating systems; or

  (2) Determine the adequacy of the heat system or the distribution balance.

#### Regulation .10 Air-Conditioning System.

*COMAR 09.36.07.10*

A. A home inspector shall inspect the accessible installed central and through-wall cooling equipment.

B. A home inspector shall describe:

  (1) Permanently installed cooling equipment;

  (2) Energy sources;

  (3) Cooling methods by distinguishing characteristics and means of distribution; and

  (4) Condensate drainage system.

C. A home inspector shall operate the cooling system using normal operating controls and describe that the system was operated.

D. A home inspector is not required to:

  (1) Inspect electronic air filters;

  (2) Determine the adequacy of the cooling system or the distribution balance; or

  (3) Operate the cooling equipment if it may damage the system or components.

#### Regulation .11 Interior.

*COMAR 09.36.07.11*

A. A home inspector shall visually inspect accessible:

  (1) Walls, ceilings, and floors;

  (2) Ramps, steps, stairways, landings, and railings;

  (3) Countertops and installed cabinets;

  (4) Doors and windows, including safety glazing;

  (5) Garage doors and garage door operators; and

  (6) Household appliances including installed ovens, ranges, surface cooking appliances, microwave ovens, dishwashing machines, and food waste grinders by using normal operating controls to activate the primary function.

B. A home inspector shall describe a condition that presents, at the time of the inspection, an unsafe condition.

C. A home inspector is not required to inspect:

  (1) Paint, wallpaper, and other finish treatments;

  (2) Carpeting;

  (3) Window treatments, including window glass types or coatings;

  (4) Central vacuum systems;

  (5) Recreational facilities;

  (6) Appliances not listed in section §A(6) of this regulation;

  (7) Each control or feature of an inspected appliance; or

  (8) Microwave radiation leakage.

#### Regulation .12 Insulation and Ventilation.

*COMAR 09.36.07.12*

A. A home inspector shall visually inspect accessible:

  (1) Insulation and vapor retarders in unfinished spaces;

  (2) Ventilation of attics and foundation areas; and

  (3) Mechanical ventilation systems.

B. A home inspector shall describe:

  (1) Insulation and vapor retarders or barriers in accessible unfinished spaces;

  (2) If applicable, the absence of insulation in unfinished spaces at conditioned surfaces; and

  (3) The presence or absence of a moisture barrier in a crawlspace.

C. A home inspector is not required to:

  (1) Disturb insulation, retarders, or barriers; or

  (2) Determine indoor air quality.

#### Regulation .13 Fireplaces and Solid Fuel Burning Appliances.

*COMAR 09.36.07.13*

A. A home inspector shall visually inspect accessible:

  (1) System components of fireplaces and solid fuel burning appliances; and

  (2) Vent systems, flues, and chimneys.

B. A home inspector shall describe:

  (1) Fireplaces and solid fuel burning appliances; and

  (2) Chimneys.

C. A home inspector is not required to:

  (1) Inspect any of the following:

    (a) Interiors of flues or chimneys:

    (b) Fire Screens and doors;

    (c) Seals and gaskets;

    (d) Automatic fuel feed devices;

    (e) Mantels and fireplace surrounds;

    (f) Combustion make-up air devices;

    (g) Gravity-controlled and fan-assisted heat distribution assists; or

    (h) Detached chimneys or solid fuel or gas burning appliances;

  (2) Ignite or extinguish fires;

  (3) Determine draft characteristics; or

  (4) Move fireplace inserts or stove or firebox contents.

### Chapter 08 — Continuing Professional Competency

**Authority:** Business Occupations and Professions Article, §§16-216 and 16-3A-07(e), Annotated Code of Maryland

**Administrative History:** Effective date: July 22, 2013 (40:14 Md. R. 1174)

**Administrative History:** Regulation .02 amended effective March 31, 2025 (52:6 Md. R. 267)

#### Regulation .01 Citation of Regulations, Applicability, and Purpose.

*COMAR 09.36.08.01*

A. These regulations may be cited and referred to as the “Home Inspector Continuing Professional Competency Regulations”. The continuing professional requirements apply to all persons licensed under Business Occupations and Professions Article, Annotated Code of Maryland, to provide home inspection services in this State.

B. The public interest requires that home inspectors provide competent home inspection services to the public. The General Assembly has determined that it is in the public interest to require home inspectors to comply with the continuing professional competency requirements as a prerequisite to the renewal of a license.

#### Regulation .02 Basic Requirement.

*COMAR 09.36.08.02*

A. A renewal applicant shall complete at least 30 hours of qualifying continuing professional competency for each 2-year registration term.

B. Effective October 1, 2024, in accordance with §A of this regulation, a licensed home inspector applying for license renewal shall successfully complete during the preceding 2-year license cycle a minimum of:

  (1) 2 hours of education related to home inspection report writing in accordance with Regulation .03F(1) of this chapter; and

  (2) 2 hours of education related to the minimum standards of practice in accordance with COMAR 09.36.07 and Regulation .03F(3) of this chapter.

C. Acquisition of Continuing Professional Competency.

  (1) The continuing professional competency required by §A of this regulation shall have been obtained during the 24 months immediately preceding license renewal.

  (2) Continuing professional competency hours required by §A of this regulation obtained prior to the immediately preceding license term may not be considered toward an applicant’s eligibility for license renewal.

  (3) Continuing professional competency hours earned in excess of the 30 hours for a 2-year license term may not be credited towards the continuing professional competency requirement for a subsequent 2-year license term.

  (4) Not more than 8 hours of continuing professional competency education required by §A of this regulation in a particular subject matter area set forth in Regulation .03F of this chapter may be credited toward an applicant’s eligibility for license renewal.

D. Up to 30 percent of the total continuing professional competency hours required by §A of this regulation may be obtained in other than a classroom setting.

#### Regulation .03 Programs Which Qualify.

*COMAR 09.36.08.03*

A. The overriding consideration in determining whether a specific program qualifies is that it shall be a formal program of learning which contributes directly to the professional competence of the individual.

B. Group Continuing Professional Competency Programs.

  (1) Group continuing professional competency programs will qualify only if §A of this regulation is met and:

    (a) An outline is prepared in advance and preserved for review by the Commission, if required;

    (b) The program is at least 1 hour (50-minute instruction period) in length;

    (c) The program is conducted by a qualified instructor;

    (d) A record of attendance is preserved; and

    (e) The sponsor agrees to admit a member of the Commission on request to monitor the program.

  (2) These programs include:

    (a) Professional development programs of recognized national home inspection organizations;

    (b) Technical sessions at meetings of recognized national home inspection organizations;

    (c) Noncredit short courses at universities and colleges;

    (d) Formal, organized, in-firm education programs as approved by the Commission; and

    (e) Programs offered by other recognized professional or industrial organizations.

C. University and college courses taken for academic credit will qualify only if §A of this regulation is met. Credit towards the continuing professional competency requirement will be calculated at 15 hours for each semester hour credit and 10 hours for each quarter hour credit.

D. Other Programs. A program other than a group program will qualify only if:

  (1) The program meets the requirements of §A of this regulation;

  (2) An outline is prepared in advance and preserved for review by the Commission, if required;

  (3) The program is at least 1 hour (50-minute instruction period) in length; and

  (4) The program provides evidence of satisfactory completion.

E. Teacher, Lecturer, or Discussion Leader.

  (1) Services as a teacher, lecturer, or discussion leader in subjects qualifying for continuing professional competency credit will be included to the extent that it contributes to the applicant’s professional competence. Repetitious presentation, that is, those that are substantially the same subject material, may be included only once each reporting period.

  (2) A teacher, lecturer, or discussion leader of a qualifying continuing professional competency program shall receive:

    (a) 3 hours of continuing professional competency credit for every hour of presentation for a first-time presentation of a program; and

    (b) 1 hour of continuing professional competency credit for every hour of presentation for all subsequent presentations of a program.

F. Subject Matter. The following general subject matter areas are acceptable to the extent that they contribute directly to the expertise of home inspector or the provision of home inspection services:

  (1) Home inspection report writing;

  (2) Home Inspector Code of Ethics;

  (3) Home Inspector Standards of Practice;

  (4) Structural systems;

  (5) Exterior systems;

  (6) Roofing systems;

  (7) Plumbing systems;

  (8) Electrical systems;

  (9) Air conditioning systems;

  (10) Insulation and ventilation systems;

  (11) Fireplace and solid burning systems;

  (12) Heating systems;

  (13) Environmental hazards; and

  (14) Others, if the applicant can demonstrate a direct relationship between the course and the provision of home inspection services.

G. Documentation. The following minimum information concerning each continuing professional competency course shall be maintained by the renewal applicant for 5 years from the date of renewal:

  (1) Sponsoring organization;

  (2) Course location;

  (3) Program title;

  (4) Topical course outline;

  (5) Content description;

  (6) Dates attended;

  (7) Hours claimed; and

  (8) Information reflecting the expertise of the instructor in the subject matter.

#### Regulation .04 Controls and Reporting.

*COMAR 09.36.08.04*

A. A renewal applicant shall provide a certification of compliance with renewal requirements, under Business Occupations and Professions Article, §16-3A-07, Annotated Code of Maryland, under penalty of perjury, in an appropriate form specified by the Commission.

B. The Commission, at its discretion, may verify the information and documentation supporting a renewal applicant’s certification of continuing professional competency credit. Upon request, the renewal applicant shall submit to the Commission, or its designee, copies of the original documentation supporting the certification provided under §A of this regulation.

#### Regulation .05 Exceptions.

*COMAR 09.36.08.05*

The Commission may issue a registration to a renewal applicant who has not fully complied with the continuing professional competency requirements in cases when failure by the applicant to fulfill this requirement has been caused by reason of any of the following:

A. Health as certified by a medical doctor;

B. Military service on extended active duty with the armed forces of the United States; or

C. Other good and valid causes, as determined and approved by the Commission.