The Virginia Association of Real Estate Inspectors

Welcome to VAREI

VAREI acts as a voice for Virginia home inspectors in regulatory and legislative issues, promotes excellence in the home inspection industry, and represents a membership that spans the Commonwealth.
 
From its inception in 2000, VAREI, The Virginia Association of Real Estate Inspectors has been the professional association of, by, and for Virginia home inspectors. During the fast-paced legislative session of 2001, VAREI leadership sought the opinions of the membership on important issues and acted upon them. In subsequent regulatory promulgation meetings VAREI leadership has actively advocated for all Virginia home inspectors. Membership in VAREI is clearly a way of protecting professional inspector interests and the interests of the public. In the future, as other parties attempt to influence the home inspection industry through legislation and regulatory changes, VAREI will be there.
 
Become a member of the Virginia Association of Real Estate Inspectors by submitting a New Member Application
 
 
 
 
THE NEXT ANNUAL MEETING WILL BE HELD THURSDAY, OCTOBER 6th, 2016 AT DeFazio's Catering  2601 Tuckernuck Dr, Richmond, VA 23294
 
ASHI NEWS
 
Anyone who is not a member of ASHI, and joins a local ASHI chapter between 7.26.16 and 12.31.16 will get a free one year membership in ASHI.
 
For the latest information on licensing from DPOR - click here
 
The licensing bill brought by the VAR (HB 741) is now reality - it has been signed by the Governor. As of July 1, 2017, anyone conducting home inspections in The Commonwealth of Virginia will have to hold a valid Home Inspectors License from DPOR. Additionally, anyone who wants to perform pre-drywall inspections, or new build final inspections, will have to have the New Construction Module endorsement on their license.
 
Dave Rushton, Charles Chisholm, Jim Vaughn, Mark Singer (former VAREI lobbyist), and Robb Bohannon (Hunton & Williams - current VAREI lobbyist) met at the DPOR offices in Richmond January 5th with representatives of VAR and DPOR. The language of the proposed bill was thoroughly discussed, changes were made as needed, then all parties present mutually and cordially agreed to the proposed bill.
 
The bill becomes effective July 1, 2017. Any inspector who is DPOR certified by a date as yet to be determined, will become a licensed inspector July 1, 2017. Click on the links below for more information.
 
The VAREI Board will attempt to keep the membership updated as changes occur.
 
 
 
The final, enrolled version of the Home Inspector Licensing Bill is below.
 
To all who made the effort to attend the 2015 Annual Meeting - thank you!
 
Minutes of the last Board meeting are available to members here
 
The next board meeting is October 6, 2016 at DeFazio's following the Annual Meeting
 
Congratulations to Willie Macklin, winner of the 2016 membership drawing.
 
The final, enrolled version of the Home Inspector Licensing Bill signed by the Governor follows:
 

2016 SESSION
ENROLLED
1 VIRGINIA ACTS OF ASSEMBLY –– CHAPTER
2 An Act to amend and reenact §§ 54.1-500, 54.1-500.1, 54.1-501, 54.1-503, 54.1-516, 54.1-517.2, and
3 55-519 of the Code of Virginia and to repeal § 54.1-517.1 of the Code of Virginia, relating to the
4 Virginia Board for Asbestos, Lead, and Home Inspectors; licensing of home inspectors.
5 [S 453]
6 Approved
7 Be it enacted by the General Assembly of Virginia:
8 1. That §§ 54.1-500, 54.1-500.1, 54.1-501, 54.1-503, 54.1-516, 54.1-517.2, and 55-519 of the Code of
9 Virginia are amended and reenacted as follows:
10 § 54.1-500. Definitions.
11 As used in this chapter, unless the context requires a different meaning:
12 "Accredited asbestos training program" means a training program that has been approved by the
13 Board to provide training for individuals to engage in asbestos abatement, conduct asbestos inspections,
14 prepare management plans, prepare project designs or act as project monitors.
15 "Accredited lead training program" means a training program that has been approved by the Board to
16 provide training for individuals to engage in lead-based paint activities.
17 "Accredited renovation training program" means a training program that has been approved by the
18 Board to provide training for individuals to engage in renovation or dust clearance sampling.
19 "Asbestos" means the asbestiform varieties of actinolite, amosite, anthophyllite, chrysotile, crocidolite,
20 and tremolite.
21 "Asbestos analytical laboratory license" means an authorization issued by the Board to perform phase
22 contrast, polarized light, or transmission electron microscopy on material known or suspected to contain
23 asbestos.
24 "Asbestos contractor's license" means an authorization issued by the Board permitting a person to
25 enter into contracts to perform an asbestos abatement project.
26 "Asbestos-containing materials" or "ACM" means any material or product which contains more than
27 1.0 percent asbestos or such other percentage as established by EPA final rule.
28 "Asbestos inspector's license" means an authorization issued by the Board permitting a person to
29 perform on-site investigations to identify, classify, record, sample, test and prioritize by exposure
30 potential asbestos-containing materials.
31 "Asbestos management plan" means a program designed to control or abate any potential risk to
32 human health from asbestos.
33 "Asbestos management planner's license" means an authorization issued by the Board permitting a
34 person to develop or alter an asbestos management plan.
35 "Asbestos project" or "asbestos abatement project" means an activity involving job set-up for
36 containment, removal, encapsulation, enclosure, encasement, renovation, repair, construction or alteration
37 of an asbestos-containing material. An asbestos project or asbestos abatement project shall not include
38 nonfriable asbestos-containing roofing, flooring and siding materials which when installed, encapsulated
39 or removed do not become friable.
40 "Asbestos project designer's license" means an authorization issued by the Board permitting a person
41 to design an asbestos abatement project.
42 "Asbestos project monitor's license" means an authorization issued by the Board permitting a person
43 to monitor an asbestos project, subject to Department regulations.
44 "Asbestos supervisor" means any person so designated by an asbestos contractor who provides
45 on-site supervision and direction to the workers engaged in asbestos projects.
46 "Asbestos worker's license" means an authorization issued by the Board permitting an individual to
47 work on an asbestos project.
48 "Board" means the Virginia Board for Asbestos, Lead, and Home Inspectors.
49 "Certified home inspection" means any inspection of a residential building for compensation
50 conducted by a certified home inspector. A certified home inspection shall include a written evaluation
51 of the readily accessible components of a residential building, including heating, cooling, plumbing, and
52 electrical systems; structural components; foundation; roof; masonry structure; exterior and interior
53 components; and other related residential housing components. A certified home inspection may be
54 limited in scope as provided in a home inspection contract, provided such contract is not inconsistent
55 with the provisions of this chapter or the regulations of the Board.
56 "Certified home inspector" means a person who meets the criteria of education, experience, and
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57 testing required by this chapter and regulations of the Board and who has been certified by the Board.
58 "Dust clearance sampling" means an on-site collection of dust or other debris that is present after the
59 completion of a renovation to determine the presence of lead-based paint hazards and the provisions of a
60 report explaining the results.
61 "Dust sampling technician" means an individual licensed by the Board to perform dust clearance
62 sampling.
63 "Friable" means that the material when dry may be crumbled, pulverized, or reduced to powder by
64 hand pressure and includes previously nonfriable material after such previously nonfriable material
65 becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by
66 hand pressure.
67 "Home inspection" means any inspection of a residential building for compensation conducted by a
68 licensed home inspector. A home inspection shall include a written evaluation of the readily accessible
69 components of a residential building, including heating, cooling, plumbing, and electrical systems;
70 structural components; foundation; roof; masonry structure; exterior and interior components; and other
71 related residential housing components. A home inspection may be limited in scope as provided in a
72 home inspection contract, provided that such contract is not inconsistent with the provisions of this
73 chapter or the regulations of the Board. For purposes of this chapter, residential building energy
74 analysis alone, as defined in § 54.1-1144, shall not be considered a home inspection.
75 "Home inspector" means a person who meets the criteria of education, experience, and testing
76 required by this chapter and regulations of the Board and who has been licensed by the Board to
77 perform home inspections.
78 "Lead abatement" means any measure or set of measures designed to permanently eliminate
79 lead-based paint hazards, including lead-contaminated dust or soil.
80 "Lead-based paint" means paint or other surface coatings that contain lead equal to or in excess of
81 1.0 milligrams per square centimeter or more than 0.5 percent by weight.
82 "Lead-based paint activity" means lead inspection, lead risk assessment, lead project design and
83 abatement of lead-based paint and lead-based paint hazards, including lead-contaminated dust and
84 lead-contaminated soil.
85 "Lead-contaminated dust" means surface dust that contains an area or mass concentration of lead at
86 or in excess of levels identified by the Environmental Protection Agency pursuant to § 403 of TSCA (15
87 U.S.C. § 2683).
88 "Lead-contaminated soil" means bare soil that contains lead at or in excess of levels identified by the
89 Environmental Protection Agency.
90 "Lead contractor" means a person who has met the Board's requirements and has been issued a
91 license by the Board to enter into contracts to perform lead abatements.
92 "Lead inspection" means a surface-by-surface investigation to determine the presence of lead-based
93 paint and the provisions of a report explaining the results of the investigation.
94 "Lead inspector" means an individual who has been licensed by the Board to conduct lead
95 inspections and abatement clearance testing.
96 "Lead project design" means any descriptive form written as instructions or drafted as a plan
97 describing the construction or setting up of a lead abatement project area and the work practices to be
98 utilized during the lead abatement project.
99 "Lead project designer" means an individual who has been licensed by the Board to prepare lead
100 project designs.
101 "Lead risk assessment" means (i) an on-site investigation to determine the existence, nature, severity
102 and location of lead-based paint hazards and (ii) the provision of a report by the individual or the firm
103 conducting the risk assessment, explaining the results of the investigation and options for reducing
104 lead-based paint hazards.
105 "Lead risk assessor" means an individual who has been licensed by the Board to conduct lead
106 inspections, lead risk assessments and abatement clearance testing.
107 "Lead supervisor" means an individual who has been licensed by the Board to supervise lead
108 abatements.
109 "Lead worker" or "lead abatement worker" means an individual who has been licensed by the Board
110 to perform lead abatement.
111 "Person" means a corporation, partnership, sole proprietorship, firm, enterprise, franchise, association
112 or any other individual or entity.
113 "Principal instructor" means the individual who has the primary responsibility for organizing and
114 teaching an accredited asbestos training program, an accredited lead training program, an accredited
115 renovation training program, or any combination thereof.
116 "Renovation" means the modification of any existing structure or portion thereof, for compensation,
117 that results in the disturbance of painted surfaces, unless that activity is performed as a part of a lead
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118 abatement. As used in this definition, "compensation" shall include the receipt of (i) pay for work
119 performed, such as that paid to contractors and subcontractors; (ii) wages, including but not limited to
120 those paid to employees of contractors, building owners, property management companies,
121 child-occupied facilities operators, state and local government agencies, and nonprofit organizations; and
122 (iii) rent for housing constructed before January 1, 1978, or child-occupied facilities in public or
123 commercial building space.
124 "Renovation contractor" means a person who has met the Board's requirements and has been issued a
125 license by the Board to conduct renovations.
126 "Renovator" means an individual who has been issued a license by the Board to perform renovations
127 or to direct others who perform renovations.
128 "Residential building" means, for the purposes of home inspection, a structure consisting of one to
129 four dwelling units used or occupied, or intended to be used or occupied, for residential purposes.
130 "Training manager" means the individual responsible for administering a training program and
131 monitoring the performance of instructors for an accredited asbestos training, accredited lead training
132 program or accredited renovation training program.
133 § 54.1-500.1. Virginia Board for Asbestos, Lead, and Home Inspectors; membership; meetings;
134 offices; quorum.
135 The Virginia Board for Asbestos, Lead, and Home Inspectors shall be appointed by the Governor and
136 composed of 14 members as follows: one shall be a representative of a Virginia-licensed asbestos
137 contractor, one shall be a representative of a Virginia-licensed lead contractor, one shall be a
138 representative of a Virginia-licensed renovation contractor, one shall be either a Virginia-licensed
139 asbestos inspector or project monitor, one shall be a Virginia-licensed lead risk assessor, one shall be a
140 Virginia-licensed renovator, one shall be a Virginia-licensed dust sampling technician, one shall be a
141 representative of a Virginia-licensed asbestos analytical laboratory, one shall be a representative of an
142 asbestos, lead, or renovation training program, one shall be a member of the Board for Contractors, two
143 shall be certified Virginia-licensed home inspectors, and two shall be citizen members. After initial
144 staggered terms, the terms of members of the Board shall be four years, except that vacancies may be
145 filled for the remainder of the unexpired term. The two home inspector members appointed to the Board
146 shall have practiced as home inspectors for at least five consecutive years immediately prior to
147 appointment. The renovation contractor, renovator, and dust sampling technician members appointed to
148 the board shall have practiced respectively as a renovation contractor, renovator, or dust sampling
149 technician for at least five consecutive years prior to appointment.
150 The Board shall meet at least once each year and other such times as it deems necessary. The Board
151 shall elect from its membership a chairman and a vice-chairman to serve for a period of one year. Eight
152 members of the Board shall constitute a quorum. The Board is vested with the powers and duties
153 necessary to execute the purposes of this chapter.
154 § 54.1-501. Powers and duties of the Board.
155 The Board shall administer and enforce this chapter. The Board shall:
156 1. Promulgate regulations necessary to carry out the requirements of this chapter in accordance with
157 the provisions of the Administrative Process Act (§ 2.2-4000 et seq.) to include but not be limited to the
158 prescription of fees, procedures, and qualifications for the issuance and renewal of asbestos, lead, and
159 renovation licenses, and governing conflicts of interest among various categories of asbestos, lead, and
160 renovation licenses;
161 2. Approve the criteria for accredited asbestos training programs, accredited lead training programs,
162 accredited renovation training programs, training managers, and principal instructors;
163 3. Approve accredited asbestos training programs, accredited lead training programs, accredited
164 renovation training programs, examinations and the grading system for testing applicants for asbestos,
165 lead, and renovation licensure;
166 4. Promulgate regulations governing the licensing of and establishing performance criteria applicable
167 to asbestos analytical laboratories;
168 5. Promulgate regulations governing the functions and duties of project monitors on asbestos projects,
169 circumstances in which project monitors shall be required for asbestos projects, and training
170 requirements for project monitors;
171 6. Promulgate, in accordance with the Administrative Process Act, regulations necessary to establish
172 procedures and requirements for the: (i) approval of accredited lead training programs, (ii) licensure of
173 individuals and firms to engage in lead-based paint activities, and (iii) establishment of standards for
174 performing lead-based paint activities consistent with the Residential Lead-based Paint Hazard Reduction
175 Act and United States Environmental Protection Agency regulations. If the United States Environmental
176 Protection Agency (EPA) has adopted, prior to the promulgation of any related regulations by the Board,
177 any final regulations relating to lead-based paint activities, then the related regulations of the Board shall
178 not be more stringent than the EPA regulations in effect as of the date of such promulgation. In
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179 addition, if the EPA shall have outstanding any proposed regulations relating to lead-based paint
180 activities (other than as amendments to existing EPA regulations), as of the date of promulgation of any
181 related regulations by the Board, then the related regulations of the Board shall not be more stringent
182 than the proposed EPA regulations. In the event that the EPA shall adopt any final regulations
183 subsequent to the promulgation by the Board of related regulations, then the Board shall, as soon as
184 practicable, amend its existing regulations so as to be not more stringent than such EPA regulations;
185 7. Promulgate regulations for certification the licensing of home inspectors not inconsistent with this
186 chapter regarding the professional qualifications of home inspectors applicants, the requirements
187 necessary for passing home inspectors examinations in whole or in part, the proper conduct of its
188 examinations, the proper conduct of the home inspectors certified licensed by the Board, the
189 implementation of exemptions from certifications requirements, and the proper discharge of its duties;
190 and
191 8. Promulgate, in accordance with the Administrative Process Act, regulations necessary to establish
192 procedures and requirements for the (i) approval of accredited renovation training programs, (ii)
193 licensure of individuals and firms to engage in renovation, and (iii) establishment of standards for
194 performing renovation consistent with the Residential Lead-based Paint Hazard Reduction Act and
195 United States Environmental Protection Agency (EPA) regulations. Such regulations of the Board shall
196 be consistent with the EPA Lead Renovation, Repair, and Painting Program final rule.
197 § 54.1-503. Licenses required.
198 A. It shall be unlawful for any person who does not have an asbestos contractor's license to contract
199 with another person, for compensation, to carry out an asbestos project or to perform any work on an
200 asbestos project. It shall be unlawful for any person who does not have an asbestos project designer's
201 license to develop an asbestos project design. It shall be unlawful for any person who does not have an
202 asbestos inspector's license to conduct an asbestos inspection. It shall be unlawful for any person who
203 does not have an asbestos management planner's license to develop an asbestos management plan. It
204 shall be unlawful for any person who does not have a license as an asbestos project monitor to act as
205 project monitor on an asbestos project.
206 B. It shall be unlawful for any person who does not possess a valid asbestos analytical laboratory
207 license issued by the Board to communicate the findings of an analysis, verbally or in writing, for a fee,
208 performed on material known or suspected to contain asbestos for the purpose of determining the
209 presence or absence of asbestos.
210 C. It shall be unlawful for any person who does not possess a license as a lead contractor to contract
211 with another person to perform lead abatement activities or to perform any lead abatement activity or
212 work on a lead abatement project. It shall be unlawful for any person who does not possess a lead
213 supervisor's license to act as a lead supervisor on a lead abatement project. It shall be unlawful for any
214 person who does not possess a lead worker's license to act as a lead worker on a lead abatement project.
215 It shall be unlawful for any person who does not possess a lead project designer's license to develop a
216 lead project design. It shall be unlawful for any person who does not possess a lead inspector's license
217 to conduct a lead inspection. It shall be unlawful for any person who does not possess a lead risk
218 assessor's license to conduct a lead risk assessment. It shall be unlawful for any person who does not
219 possess a lead inspector's or lead risk assessor's license to conduct lead abatement clearance testing.
220 D. It shall be unlawful for any person who does not possess a license as a renovation contractor to
221 perform renovation. It shall be unlawful for any person who does not possess a renovator's license to
222 perform or direct others to perform renovation. It shall be unlawful for any person who does not possess
223 a dust sampling technician's license to perform dust clearance sampling.
224 E. It shall be unlawful for any individual who does not possess a license as a home inspector issued
225 by the Board to perform a home inspection for compensation on a residential building. It shall be
226 unlawful for any person individual who is not a certified home inspector pursuant to this chapter and
227 who has not successfully completed the training module required by § 54.1-517.2 does not possess a
228 home inspector license with the new residential structure endorsement to conduct a home inspection for
229 compensation on any new residential structure. For purposes of this chapter, "new residential structure"
230 means a residential structure for which the first conveyance of record title to a purchaser has not
231 occurred, or of which a purchaser has not taken possession, whichever occurs later.
232 § 54.1-516. Disciplinary actions.
233 A. The Board may reprimand, fine, suspend or revoke (i) the license of a lead contractor, lead
234 inspector, lead risk assessor, lead project designer, lead supervisor, lead worker, asbestos contractor,
235 asbestos supervisor, asbestos inspector, asbestos analytical laboratory, asbestos management planner,
236 asbestos project designer, asbestos project monitor, asbestos worker, renovator, dust sampling technician,
237 or renovation contractor, or home inspector or (ii) the approval of an accredited asbestos training
238 program, accredited lead training program, accredited renovation training program, training manager or
239 principal instructor, if the licensee or approved person or program:
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240 1. Fraudulently or deceptively obtains or attempts to obtain a license or approval;
241 2. Fails at any time to meet the qualifications for a license or approval or to comply with the
242 requirements of this chapter or any regulation adopted by the Board; or
243 3. Fails to meet any applicable federal or state standard when performing an asbestos project or
244 service, performing lead-based paint activities, or performing renovations.
245 B. The Board may reprimand, fine, suspend or revoke the license of, (i) any asbestos contractor who
246 employs or permits an individual without an asbestos supervisor's or worker's license to work on an
247 asbestos project, (ii) any lead contractor who employs or permits an individual without a lead
248 supervisor's or lead worker's license to work on a lead abatement project, or (iii) any renovation
249 contractor who employs or permits an individual without a renovator's license to perform or to direct
250 others who perform renovations.
251 C. The Board may reprimand, fine, suspend or revoke the certification license of a home inspector.
252 § 54.1-517.2. Requirements for licensure.
253 A. The Board may shall issue a certificate license to practice as a certified home inspector in the
254 Commonwealth to any:
255 1. An individual who holds an unexpired certificate as a home inspector issued prior to June 30,
256 2017; or
257 2. An applicant who has submitted satisfactory evidence that he has successfully:
258 1. a. Completed any the educational requirements as required by the Board;
259 2. b. Completed any the experience requirements as required by the Board; and
260 3. c. Passed any written or electronic the examination offered or approved by the Board; and
261 4. (Effective July 1, 2016) If conducting inspections on new residential structures, completed.
262 B. The Board shall issue a license with the new residential structure endorsement to any applicant
263 who completes a training module developed by the Board in conjunction with the Department of
264 Housing and Community Development based on the International Residential Code component of the
265 Virginia Uniform Statewide Building Code.
266 The Board may issue a certificate to practice as a certified home inspector to any applicant who is a
267 member of a national or state professional home inspectors association approved by the Board, provided
268 that the requirements for the applicant's class of membership in such association are equal to or exceed
269 the requirements established by the Board for all applicants.
270 § 55-519. Required disclosures.
271 A. With regard to transfers described in § 55-517, the owner of the residential real property shall
272 furnish to a purchaser a residential property disclosure statement in a form provided by the Real Estate
273 Board stating that the owner makes the following representations as to the real property:
274 1. The owner makes no representations with respect to the matters set forth and described at a
275 website maintained by the Real Estate Board and that the purchaser is advised to consult this website for
276 important information about the real property; and
277 2. The owner represents that there are no pending enforcement actions pursuant to the Uniform
278 Statewide Building Code (§ 36-97 et seq.) that affect the safe, decent, sanitary living conditions of the
279 property of which the owner has been notified in writing by the locality, except as disclosed on the
280 disclosure statement, nor any pending violation of the local zoning ordinance that the violator has not
281 abated or remedied under the zoning ordinance, within a time period set out in the written notice of
282 violation from the locality or established by a court of competent jurisdiction, except as disclosed on the
283 disclosure statement.
284 B. At the website referenced in subdivision A 1, the Real Estate Board shall include language
285 providing notice to the purchaser that by delivering the residential property disclosure statement:
286 1. The owner makes no representations or warranties as to the condition of the real property or any
287 improvements thereon, and purchasers are advised to exercise whatever due diligence a particular
288 purchaser deems necessary, including obtaining a certified home inspection, as defined in § 54.1-500, in
289 accordance with terms and conditions as may be contained in the real estate purchase contract, but in
290 any event, prior to settlement pursuant to such contract;
291 2. The owner makes no representations with respect to any matters that may pertain to parcels
292 adjacent to the subject parcel and that purchasers are advised to exercise whatever due diligence a
293 particular purchaser deems necessary with respect to adjacent parcels in accordance with terms and
294 conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement
295 pursuant to such contract;
296 3. The owner makes no representations to any matters that pertain to whether the provisions of any
297 historic district ordinance affect the property and purchasers are advised to exercise whatever due
298 diligence a particular purchaser deems necessary with respect to any historic district designated by the
299 locality pursuant to § 15.2-2306, including review of any local ordinance creating such district or any
300 official map adopted by the locality depicting historic districts, in accordance with terms and conditions
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301 as may be contained in the real estate purchase contract, but in any event, prior to settlement pursuant to
302 such contract;
303 4. The owner makes no representations with respect to whether the property contains any resource
304 protection areas established in an ordinance implementing the Chesapeake Bay Preservation Act
305 (§ 62.1-44.15:67 et seq.) adopted by the locality where the property is located pursuant to
306 § 62.1-44.15:74 and that purchasers are advised to exercise whatever due diligence a particular purchaser
307 deems necessary to determine whether the provisions of any such ordinance affect the property,
308 including review of any official map adopted by the locality depicting resource protection areas, in
309 accordance with terms and conditions as may be contained in the real estate purchase contract, but in
310 any event, prior to settlement pursuant to such contract;
311 5. The owner makes no representations with respect to information on any sexual offenders registered
312 under Chapter 23 (§ 19.2-387 et seq.) of Title 19.2 and that purchasers are advised to exercise whatever
313 due diligence they deem necessary with respect to such information, in accordance with terms and
314 conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement
315 pursuant to such contract;
316 6. The owner makes no representations with respect to whether the property is within a dam break
317 inundation zone. Such disclosure statement shall advise purchasers to exercise whatever due diligence
318 they deem necessary with respect to whether the property resides within a dam break inundation zone,
319 including a review of any map adopted by the locality depicting dam break inundation zones;
320 7. The owner makes no representations with respect to the presence of any stormwater detention
321 facilities located on the property, or any maintenance agreement for such facilities, and purchasers are
322 advised to exercise whatever due diligence they deem necessary to determine the presence of any
323 stormwater detention facilities on the property, or any maintenance agreement for such facilities, in
324 accordance with terms and conditions as may be contained in the real estate purchase contract, but in
325 any event, prior to settlement pursuant to such contract;
326 8. The owner makes no representations with respect to the presence of any wastewater system,
327 including the type or size thereof or associated maintenance responsibilities related thereto, located on
328 the property and purchasers are advised to exercise whatever due diligence they deem necessary to
329 determine the presence of any wastewater system on the property, in accordance with terms and
330 conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement
331 pursuant to such contract;
332 9. The owner makes no representations with respect to any right to install or use solar energy
333 collection devices on the property; and
334 10. The owner makes no representations with respect to whether the property is located in one or
335 more special flood hazard areas and purchasers are advised to exercise whatever due diligence they
336 deem necessary, including (i) obtaining a flood certification or mortgage lender determination of whether
337 the property is located in one or more special flood hazard areas, (ii) review of any map depicting
338 special flood hazard areas, and (iii) whether flood insurance is required, in accordance with terms and
339 conditions as may be contained in the real estate purchase contract, but in any event, prior to settlement
340 pursuant to such contract.
341 C. Any purchaser who is a party to a real estate purchase contract subject to this section may
342 provide in such contract that the disclosures provided on the Real Estate Board website be printed off
343 and provided to such purchaser.
344 2. That § 54.1-517.1 of the Code of Virginia is repealed.
345 3. That the provisions of this act shall become effective on July 1, 2017, except as otherwise
346 provided in the fourth enactment of this act.
347 4. That the Virginia Board for Asbestos, Lead, and Home Inspectors shall promulgate regulations
348 to implement the provisions of this act to be effective no later than July 1, 2017. The Board's
349 initial adoption of regulations necessary to implement the provisions of this act shall be exempt
350 from the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia), except that the
351 Board shall provide an opportunity for public comment on the regulations prior to adoption.

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