2 Miss. Code. R. 1-3-11-01-117.01 - Wood Destroying Insect Report

1. All inspection reports issued regarding the presence or absence of termites and other wood destroying insects in connection with a real estate transaction shall be made on a form prescribed and officially adopted by the Bureau. All inspections associated with a real estate transaction shall be performed by an individual licensed for " Wood destroying insect control" as covered by subsection 104.04(1) of this chapter or a bona fide employee under his direct supervision.

2. The Mississippi Official Wood Destroying Insect Report form is adopted by reference, and may be examined in the office of the Bureau of Plant Industry, and copies of the form may be obtained for reproduction and use from the Bureau of Plant Industry, Stone Boulevard, Mississippi State, MS 39762.

3. The inspection shall be based on a thorough visual inspection of accessible areas and provide accurate written disclosure of presence, absence, previous infestation and damage caused by subterranean termites, drywood termites and wood borer beetles and other wood destroying insects such as carpenter ants and carpenter bees. The structures inspected must be clearly identified. Structures which are attached to or contiguous with the structure are considered to be a part of the structure and must be inspected and included in the report.

4. Conditions conducive to wood destroying insect infestations must be noted.

5. Obstructed or inaccessible areas not covered by the inspection must be listed.

6. There is no warranty, express or implied, related to the Mississippi Official Wood Destroying Insect Report form.

7. Any Mississippi Official Wood Destroying Insect Report issued that is not in compliance with the Regulations shall be deemed inaccurate, misleading, or fraudulent. The licensee and bona fide employee completing the inspection shall be in violation for failure to perform a proper inspection.

8. Consumer complaints about alleged inaccurate, misleading or fraudulent inspections may be investigated by the Bureau. Alterations made to structures that expose insect damage or infestation, or consumer delay in notification to the Bureau of alleged inaccurate, misleading or fraudulent inspections may prevent the Bureau from determining if an inspection is inaccurate, misleading or fraudulent.

9. For each inspection, copies of the completed form shall be prepared for the:

a. Person who ordered the inspection

b. Title company or mortgagee and

c. Business files of inspecting company

10. Upon completion of a real estate transfer inspection, the inspector shall post a durable sign adjacent to the water heater, access opening to crawl space, or beneath the kitchen sink giving the name and address of the licensee, the date of the inspection or treatment, and a statement that the notice should not be removed. It will be a violation of this section for any licensee or their employees to remove or deface a posted inspection notice.

Notes

2 Miss. Code. R. 1-3-11-01-117.01

Amended June 27, 2008