§ 248.10. Definitions.

For the purpose of this chapter the following terms shall mean:

Amended report: An amended disclosure report filed as a result of a reinspection of the subject dwelling or dwelling unit, conducted by the original evaluator, within the period of time the disclosure report is valid. The re-evaluation does not extend the expiration date of the original evaluation.

Available for sale: The implementation of any of the following actions including, but not limited to, advertising the sale of the dwelling, entering into a listing agreement to sell the dwelling or posting a sign that the dwelling is for sale.

Certificate of approval: A certificate issued by the city verifying completion of the repairs required by section 248.80.

Cross connection: Any connection or arrangement, physical or otherwise, between a potable water supply system and any plumbing fixture, or tank, receptacle, equipment or device through which it may be possible for nonpotable, used, unclean, polluted, or contaminated water or other substance to enter any part of such potable water system under any condition.

Design professional: A registered engineer or architect licensed to work in Minnesota.

Disclosure report: The written evaluation report, prepared and signed, by a person licensed as a Minneapolis truth-in-sale of housing evaluator pursuant to this chapter on a form in compliance with this chapter.

Dwelling: A building or portion of a building which is designed to be occupied for residential purposes but containing not more than two (2) individual dwelling units.

Dwelling unit: Any habitable room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.

Environmental testing, removal or remediation: Testing, removal or remediation of environmental contamination on residential property by the United States Environmental Protection Agency, the Minnesota Pollution Control Agency or other governmental agency or under the direction of such governmental agency.

Environmental testing, removal or remediation disclosure: Disclosure by the owner or representative of the owner as part of a truth-in-housing disclosure report of environmental testing, removal or remediation in a format prescribed by the City of Minneapolis.

Evaluation: An inspection of a dwelling or dwelling unit, performed by a licensed evaluator to determine the condition of the structural, electrical and mechanical systems as they relate to chapter 244 of the City of Minneapolis Housing Maintenance Code.

Evaluator: A person who holds a current license from the City of Minneapolis to conduct truth-in-sale of housing evaluations.

Information page(s): Any information page(s) that the city may require to be attached to the disclosure report or code compliance certificate or orders and provided to the owner and to the buyer.

Repair: To restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last approximately as long as would the replacement by new items.

Replace or replacement: To remove an existing item or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical.

Required repair/replace item: A condition or defect as defined in section 248.80 of this chapter, that when identified on the disclosure report, must be repaired or replaced, then re-inspected and approved by a City of Minneapolis inspector or evaluator.

Time of closing: The time of execution of any document providing for the conveyance of title or possession of a dwelling whether or not absolute title is transferred including but not limited to conveyance by contract for deed.

Time of sale: The time when a written purchase agreement is executed by the buyer, or, in the absence of a purchase agreement, prior to the execution of any document providing for the conveyance of title or possession of a dwelling whether or not absolute title is transferred including but not limited to conveyance by contract for deed. (98-Or-057, § 1, 6-26-98; 2002-Or-034, § 1, 5-3-02; 2005-Or-143, § 1, 12-23-05; 2006-Or-113, § 1, 10-20-06)