STATE OF RHODE ISLAND AND PROVIDENCE
PLANTATIONS
HOME INSPECTORS’ LICENSING LAW
(has not been funded or implemented by the State of RI)
TITLE 5
CHAPTER 65.1
Department of Administration
BUILDING CODE COMMISSION
CONTRACTORS’ REGISTRATION BOARD
One Capitol Hill
Providence, Rhode Island 02908-5859
(401) 222-1268
FAX No. (401) 222-2599
TTD No. (401) 222-6334
WEB SITE:
www.crb.state.ri.us
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
Department of Administration
RHODE ISLAND CONTRACTORS’ REGISTRATION BOARD
HOME INSPECTORS LICENSING LAW
CHAPTER 65.1
[Effective July 1, 2001]
Section. Description Section Description
5-65.1-1. Short title 5-65.1-8. Reciprocity
5-65.1-2. Definition 5-65.1-9. Fees
5-65.1-3 Board – Powers of and duties. 5-65.1-10 Insurance
requirements.
5-65.1-4 Eligibility for licensure as home inspector
5-65.1-11. Grounds for discipline – injunctions
5-65.1-5. Eligibility for licensure as associate Home
inspector
5-65.1-12. Licensing requirement and prohibitions.
5-65.1-6 Identification cards and mandatory disclosures.
5-65.1-13. Violation – penalties
5-65.1-7. Applicability. 5-65.1-14. Home inspector
appointments to the Board.
Home Inspector Licensing Law
§ 5-65.1-1 Short title. [Effective July 1, 2001.]. – This
chapter shall be known and may be cited as the "Rhode Island
Home Inspector Licensing Law".
§ 5-65.1-2 Definitions. [Effective July 1, 2001.]. – When
used in this chapter:
-
"Associate home inspector"
means a person who is employed by a licensed home inspector
to conduct a home inspection of a residential building on
behalf of a client for a fee under the direct supervision of
the licensed home inspector and is licensed pursuant to the
provisions of this chapter.
-
"Board" means the contractors'
registration board.
-
"Client" means any person who
engages, or seeks to engage, the services of a home
inspector for the purpose of obtaining an inspection of and
written report upon the condition of a residential building.
-
"Home inspector" means any
person licensed as a home inspector to conduct a home
inspection of a residential building on behalf of a client
for a fee pursuant to the provisions of this chapter.
-
"Home inspection" means an
inspection and a written evaluation of the following readily
visible and accessible components of a residential building:
heating, cooling, plumbing, and electrical systems,
structural components, foundation, roof, masonry structure,
exterior and interior components and any other related
residential housing components, unless the scope of the
inspection is otherwise clearly limited in writing in the
inspection report. Unless otherwise expressly agreed to in
writing, a home inspection is based solely on observation of
the readily visible and apparent condition of the foregoing
components of a residential building as they exist on the
date of the inspection, and it is not the purpose of the
inspection to identify violations of or noncompliance with
governmental codes or regulation. A home inspection shall,
at a minimum, conform with any standards of practice
promulgated by the board.
-
"Public body" or "agency"
means any executive, legislative, judicial, regulatory or
administrative body of the state or any political
subdivision thereof; including, but not limited to, public
officials elected or appointed and any department, division,
agency, commission, board, office, bureau, authority, any
school, fire, or water district, or other agency or
quasipublic agency of state or local government which
exercises governmental functions.
-
"Residential building" means a
structure consisting of one to four (4) family dwelling
units that has been occupied as a dwelling prior to the time
when a home inspection is requested or contracted for in
accordance with this chapter, but shall not include any
structure newly constructed and not previously occupied.
§ 5-65.1-3 Board – Powers of and
duties. [Effective July 1, 2001.]. –
(a) The board shall have the
following powers and duties:
-
Administer and enforce the
provisions of this chapter;
-
Issue and renew licenses to
home inspectors and associate home inspectors pursuant to
the provisions of this chapter;
-
Suspend, revoke, or fail to
renew the license of a home inspector;
-
Sanction or administer
qualifying examinations for home inspector and associate
home inspector applicants, and establish competency
requirements;
-
Establish standards for the
continuing education of home inspectors;
-
Adopt and publish a code of
ethics and standards of practice for licensed home
inspectors and associate home inspectors;
-
Prescribe or change the
charges for examinations and other services performed;
-
Adopt rules and regulations
pursuant to the Administrative Procedures Act necessary to
effectuate the purposes of this chapter; and
-
Hear contested claims or
cases, contested enforcement proceedings, and contested
administrative fines in accordance with the Administrative
Procedures Act and, the administrative regulations
promulgated by the board.
§ 5-65.1-4 Eligibility for
licensure as home inspector. [Effective July 1, 2001.]. –
(a) To be eligible for licensure
as a home inspector, an applicant shall fulfill the following
requirements:
-
Be of good moral character;
-
Have successfully completed
high school or its equivalent;
-
Have been engaged as a
licensed associate home inspector for no less than one year,
and have performed not less than one hundred (100) home
inspections for compensation, or have been a
registered/licensed contractor in good standing in any state
for an aggregate of not less than five (5) years; and
-
Have passed an examination
approved or administered by the board. The examination may
have been passed before the effective date of this chapter;
or
(b) For the first three hundred
and sixty-five (365) days after the effective date of this
chapter, the board shall issue a license to
any person upon application, provided that the applicant meets:
-
The requirements of
subdivisions (a)(1), (2) and (4), and either (i) has been
engaged in the practice of home inspections for compensation
for not less than one year prior to July 1, 2000 and has
performed not less than one hundred (100) home inspections
for compensation, prior to July, 2001, or (ii) is a
registered/licensed contractor in good standing in any state
for an aggregate of not less than five (5) years; or
-
The requirements of
subdivisions (a)(1) and (2) of this section and has been
engaged in the practice of home inspections for compensation
for not less than two years and performed not less than 150
home inspections for compensation prior to July 1, 2000.
§ 5-65.1-5 Eligibility for
licensure as associate home inspector. [Effective July 1,
2001.]. –
(a) To be eligible for licensure
as an associate home inspector, an applicant shall fulfill the
following requirements:
-
Be of good moral character;
-
Have successfully completed
high school or its equivalent;
-
Have assisted in not less than
fifty (50) home inspections in the presence of a licensed
home inspector; and,
-
Have passed an examination
approved or administered by the board. The examination may
have been passed before the effective date of this chapter.
§ 5-65.1-6 Identification cards
and mandatory disclosures. [Effective July 1, 2001.]. –
(a) Upon the issuance of a license
by the board, an identification card shall also be issued to
each licensed person.
(b) All licensees subject to the
provisions of this chapter must include their license number on
all advertising proposals, contracts,
inspection reports, and invoices displayed in a conspicuous
manner.
(c) Every written report of a home
inspection provided to a client by a licensee must include:
-
A notice that any complaints
regarding the home inspection or the home inspector or
associate home inspector who performed it may be directed to
the board, and shall also include the current address and
telephone number of the board.
-
Where applicable, a disclosure
that an inspection was performed by an associate home
inspector.
§ 5-65.1-7 Applicability.
[Effective July 1, 2001.]. –
(a) Any person who conducts a home
inspection as defined by this chapter shall be licensed pursuant
to this chapter, and comply with all the requirements of this
chapter and any subsequent rules or regulations
promulgated by the board.
(b) The provisions of this chapter
shall not apply to the following provided the person does not
hold him or herself out as a home inspector or one who performs
home inspections as defined in this chapter:
-
Any person who is employed by
a governmental agency or public body and acting within the
scope of that government employment;
-
Any person regulated by the
state as an architect, professional engineer, electrical
contractor, or master plumber, who is acting within the
scope of practice of his or her profession or occupation;
-
Any state licensed real estate
broker, broker-salesperson, or salesperson, who is acting
within the scope of his or her profession;
-
Any state licensed real estate
appraiser or certified general or residential real estate
appraiser, who is acting within the scope of his or her
profession;
-
Any person regulated by the
state as an insurance adjuster, who is acting within the
scope of his or her profession;
-
Any person certified or
registered as a pesticide applicator, who is acting within
the scope of his or her profession;
-
Any person performing an
inspection under the supervision of a licensed home
inspector for the purpose of meeting the requirements of
subdivision (a)(3) of § 5-65.1-5 to qualify for licensure as
an associate home inspector; and
-
Any person registered/licensed
as a contractor in good standing in any state acting within
the scope of his or her occupation and experience.
-
Any person conducting real
estate inspections as a part of the insurance underwriting
process.
§ 5-65.1-8 Reciprocity. [Effective
July 1, 2001.]. – Upon payment to the board of requisite fee and
submission of a completed application approved by the board, the
board shall issue a home inspector license to any person who:
-
Holds a valid license issued
by another state or possession of the United States or the
District of Columbia, which has standards substantially
equivalent to those of this state as determined by the
board; or
-
Is licensed in this state as a
state certified real estate appraiser or to practice
architecture or professional engineering, provided the
person meets the requirements set forth in subdivisions
(a)(1), (a)(2), and (a)(4) of § 5-65.1-4.
§ 5-65.1-9 Fees. [Effective July
1, 2001.]. –
(a) The board is hereby empowered
and directed to establish a fee schedule for the application,
continuing education, examination and re-examination of
applicants for licensing; provided, however, that the fee for
home inspector and associate home inspector licenses, and all
subsequent renewals shall be two hundred dollars ($200). All
licenses issued by the board shall be valid for two (2) years.
(b) Any fees established,
prescribed, or changed by the board shall be to the extent
necessary to defray all proper expenses incurred by the board
and any staff employed to administer this chapter, except that
fees shall not be fixed at a level that will raise revenues in
excess of the amount estimated to be so required.
(c) All fees and fines collected
by the board shall be deposited as general revenues.
§ 5-65.1-10 Insurance
requirements. [Effective July 1, 2001.]. –
(a) Every licensed home inspector
and associate home inspector shall secure, maintain, and file
with the board a certificate of insurance for an errors and
omissions policy and a certificate of insurance for a general
liability policy; both shall be for a minimum amount of two
hundred and fifty thousand dollars ($250,000) in the aggregate.
(b) Every proof of an errors and
omissions or general liability policy required to be filed with
the board shall not be effective unless it provides that the
insurance may not be canceled until at least ten (10) days
notice of intention to cancel or to not renew has been received
in writing by the board.
§ 5-65.1-11 Grounds for discipline
– Injunctions. [Effective July 1, 2001.]. –
(a) After hearing, in accordance
with the administrative regulations promulgated by the board,
the board may revoke, suspend, or refuse to issue, reinstate, or
reissue a license if the board determines that a licensee or
applicant has:
-
Disclosed any information
concerning the results of the home inspection without the
approval of a client or the client's representatives;
-
Accepted compensation from
more than one interested party for the same service without
the consent of all interested parties;
-
Accepted commissions or
allowances, directly or indirectly, from other parties
dealing with their client in connection with the inspection
for which the licensee is responsible;
-
Failed to disclose promptly to
a client information about any business interest of the
licensee which may affect the client in connection with the
home inspection;
-
Obtained a license or
authorization to sit for an examination, as the case may be,
through fraud, deception, or misrepresentation;
-
Engaged in the use or
employment of dishonesty, fraud, deception,
misrepresentation, false promise, or false pretense;
-
Engaged in gross negligence,
gross malpractice, or gross incompetence;
-
Engaged in repeated acts of
negligence, malpractice, or incompetence;
-
Engaged in professional or
occupational misconduct as may be determined by the board;
-
Been convicted of any crime
involving moral turpitude or any crime relating adversely to
the activity regulated by the board. For the purpose of this
subsection a plea of guilty, or nolo contendere shall be
deemed a conviction;
-
Had his or her authority to
engage in the activity regulated by the board revoked or
suspended by any other state, agency or authority for
reasons consistent with this section;
-
Attempted to limit liability
for negligent or wrongful errors or omissions by use of a
clause within a performance contract that limits the damages
for negligent or wrongful errors or omissions;
-
Failed to provide a written
report of the completed home inspection;
-
Violated or failed to comply
with any order of the board or provisions of this chapter or
any rule or regulation promulgated and administered by the
board thereunder;
-
Become incapable, for medical
or any other material reason, of discharging the functions
of a licensee in a manner consistent with the public's
health, safety, and welfare;
-
Failed to obtain or maintain
the insurance required by § 5-65.1-10; or
-
Knowingly assisted an
unlicensed person to act in violation of this chapter.
-
Failed to comply with the
provisions of § 5-20.8-8.
(b) In addition to all other
remedies, when it appears to the board that a person has engaged
in, or is engaging in, any act, practice or transaction which
violates the provisions of this chapter, the board may direct
the attorney general to apply to the court for an injunction
restraining the person from violating the provisions of this
chapter.
(c) The board may, after a
hearing, impose a fine in an amount not to exceed five hundred
dollars ($500) for the first violation of this chapter, or any
rules or regulations promulgated by the board.
-
(2) For each second violation
of a particular subsection of this chapter or of a rule or
regulation promulgated by the board, a fine not to exceed
one thousand dollars ($1,000) may be imposed after a hearing
by the board.
(d) The board, may, in lieu of a
fine or other sanction, order a licensee to attend continuing
education courses as appropriate. Failure to adhere to the
requirement could result in immediate revocation of a license.
§ 5-65.1-12 Licensing requirement
and prohibitions. [Effective July 1, 2001.]. –
(a) Any person who provides,
presents, calls or represents himself or herself as a home
inspector for compensation shall be licensed in accordance with
the provisions of this chapter.
(b) No person, not licensed as a
home inspector or associate home inspector, shall advertise or
hold himself or herself out as a home inspector, or impersonate
a home inspector or associate home inspector.
§ 5-65.1-13 Violations –
Penalties. [Effective July 1, 2001.]. –
(a) Any person who violates a
final order of the board is deemed guilty of a misdemeanor and,
upon conviction, may be imprisoned for a term not exceeding one
year, or fined not more than one thousand dollars ($1,000) for
each offense.
(b) In addition to any sentence or
fine imposed by the court under subsection (a) of this section,
the court may order a defendant to comply with any outstanding
fine(s) previously imposed by the board pursuant to this
chapter. A final order of the board may also be enforced in a
civil contempt proceeding brought upon complaint in the district
court.
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THE MASSACHUSETTS HOME
INSPECTOR LICENSING LAW
Chapter 146 of the Acts of 1999
AN ACT PROVIDING FOR THE LICENSING OF HOME INSPECTORS.
Be it enacted by the Senate and
House of Representatives in General Court assembled, and by the
authority of the same, as follows:
SECTION 1. Chapter 13 of the
General Laws is hereby amended by adding the following two
sections:-
Section 96. There is hereby
established within the division of registration, a board of
registration of home inspectors. Said board shall consist of
five members to be appointed by the governor for terms of three
years. The members so appointed shall be residents of the
commonwealth, three of whom shall be licensed home inspectors
who have been actively engaged in the practice of home
inspection in the commonwealth for at least five years
immediately preceding their appointment and who shall have
performed not less than 1,000 home inspections for compensation,
one of whom shall be a licensed home inspector who has been
actively engaged in the practice of home inspection in the
commonwealth for at least five years immediately preceding his
appointment and who has performed not less than 150 home
inspections for compensation and one of whom shall be a consumer
who shall be the owner and principal resident of a residential
building. All board members shall be subject to the provisions
of chapter 268A.
Of the initial members appointed
to said board, two shall serve for terms of three years, two
shall serve for terms of two years and one shall serve for a
term of one year. Each member of said board shall hold office
until his successor has been qualified. A vacancy in the
membership of the board shall be filled for the unexpired term
in the manner provided for the original appointment. No member
shall serve more than two consecutive terms which shall not
include any unexpired term to which he has been appointed. A
member may be removed by the governor for cause.
Said board shall annually elect
from among its members, by majority vote, a chairman and
vice-chairman. Said board shall meet at least once every three
months and may hold additional meetings as necessary to
discharge its duties. Members shall receive no compensation but
shall be entitled to reasonable travel expenses.
Section 97. Said board shall (i)
establish the requirements for licensure and for the standards
of professional and ethical conduct; (ii) authorize and conduct
appropriate examinations to determine the qualifications of
applicants; (iii) grant licenses to qualified applicants; (iv)
establish standards for continuing education; and (v) set and
administer penalties as defined in section 206 of chapter 112
for fraudulent, deceptive or professionally incompetent and
unsafe practices and for violations of rules and regulations
promulgated by said board.
Said board shall make available to
the public a list of licensed home inspectors and associate home
inspectors.
Said board shall publish a code of
ethics.
The director of consumer affairs
and business regulation, after consultation with the board of
registration of home inspectors and the board of registration of
real estate brokers and salespersons, shall publish an
informational brochure on home inspections which shall be issued
to home buyers at the signing of the first written contract to
purchase. The brochure shall include a definition of a home
inspection such that the nature and extent of a home inspection
is made clear to a client or prospective client. The brochure
shall also include information regarding inspections for lead
paint, radon, and termites and other woodboring insects. The
joint committee on government regulations and the house and
senate committees on post audit and oversight shall receive a
copy of the proposed brochure and shall be provided with an
opportunity to comment on it 60 days before the brochure is
submitted for publication.
Said board shall administer the
provisions of sections 201 to 206, inclusive, of said chapter
112 and shall promulgate such rules and regulations as may be
necessary to implement the same.
SECTION 2. Chapter 112 of the
General Laws is hereby amended by inserting after section 87YY
the following section:-
Section 87YY. At the time of the
signing of the first written contract to purchase, real estate
brokers and salesmen, or the seller if no broker or salesperson
is involved in the sale, shall distribute a brochure, published
by the office of consumer affairs and business regulations,
educating consumers about the home inspection process. Real
estate brokers and salesmen shall not directly recommend a
specific home inspection company or home inspector but may, upon
request, provide a complete list of licensed home inspectors
prepared by the board. This prohibition shall not apply if there
is a written contractual agreement or a written agency
disclosure between the buyer and the real estate broker
specifying that the real estate broker is acting exclusively for
the buyer as a buyer's broker.
SECTION 3. Said chapter 112 is
hereby further amended by adding the following six sections:-
Section 201. As used in sections
202 to 206, inclusive, the following words shall, unless the
context clearly requires otherwise, have the following
meanings:-
"Associate home inspector", a
person employed by a licensed home inspector to conduct home
inspections of residential buildings under the supervision of a
licensed home inspector who is licensed pursuant to this
chapter.
"Board", the board of registration
of home inspectors established pursuant to section 96 of chapter
13.
"Client", a person who engages the
services of a home inspector for the purpose of obtaining
inspection of and a written report on the condition of a
residential building.
"Division", the division of
registration.
"Home inspection", the process by
which a home inspector observes and provides pursuant to the
sale and transfer of a residential building, a written
evaluation of the following readily accessible components of a
residential building: heating, cooling, plumbing and electrical
systems, structural components, foundation, roof, masonry
structure, exterior and interior components and any other
related residential housing components. A home inspection shall,
at a minimum, conform with standards of practice promulgated by
the board.
"Home inspector", a person
licensed as a home inspector pursuant to this chapter.
"Residential building", a
structure consisting of one to four dwelling units.
Section 202. (a) No person shall
present, call or represent himself as authorized to provide a
home inspection for compensation unless licensed by the board in
accordance with this section and sections 203 to 206, inclusive.
No person shall conduct a home inspection for compensation
unless licensed by the board in accordance with this section and
said sections 203 to 206, inclusive, and unless he provides a
written report of the home inspection. The requirements
contained in this subsection shall not be construed to prevent
any of the following persons from acting within the scope of
their profession:
-
a person employed as a code
enforcement official by the commonwealth or a political
subdivision thereof when acting within the scope of his
employment;
-
an architect licensed pursuant
to sections 60A to 60 O, inclusive;
-
a professional engineer
licensed pursuant to sections 81D to 81T, inclusive;
-
an electrician licensed
pursuant to chapter 141;
-
a plumber licensed pursuant to
chapter 142;
-
a real estate broker or
salesman licensed pursuant to section 87XX;
-
a real estate appraiser or
certified general or residential real estate appraiser
licensed pursuant to sections 173 to 195, inclusive, or an
insurance adjuster;
-
a person certified or
registered as a pesticide applicator;
-
a person employed as a radon,
licensed lead paint, urea formaldehyde or termite inspector
solely for the purpose of conducting such inspections;
-
an individual or business
hired solely for the purpose of inspecting the
energy-related components of a dwelling in order to assess a
home's energy performance;
-
officers and employees of the
United States or the commonwealth while engaged within the
commonwealth in the practice of inspection on behalf of the
United States or the commonwealth;
-
a person making a home
inspection in the presence of a licensed home inspector for
the purpose of meeting the requirements of section 203 to
qualify for licensure as an associate home inspector; and
-
a person conducting an
inspection of septic systems as required by 310 CMR 15
solely for the purpose of checking or being in compliance
with 310 CMR 15.
(b) Each applicant for a license
as a home inspector shall furnish the board with proof of
satisfactory completion of the educational, training and
experience requirements for licensure, including completion of
an approved program of work experience and proof of having
passed a licensing examination approved by the board.
Applications for licenses and renewals thereof shall be
submitted in accordance with procedures established by the
board. Pursuant to section 3B of chapter 7 of the General Laws,
the secretary of administration and finance shall ensure that a
licensing fee shall be charged to all applicants in an amount
sufficient to defray all administrative costs to the
commonwealth associated with the licensure of home inspectors,
but in no event shall the fee be less than $100.
The board shall license as a home
inspector an applicant who meets the requirements set forth in
this section. Said board shall issue to a home inspector and an
associate home inspector a license. Each such licensed home
inspector and associate home inspector shall carry the license
with him at all times and make it available for presentation to
a client or prospective client.
(c) A license shall be issued for
a period of two years and shall be renewable on or before the
last day of the month in an even-numbered year. Each licensee
shall pay to the board a license fee or renewal fee, as
appropriate, which shall be set by the secretary of
administration and finance. The renewal month shall be
determined by the division to facilitate efficient completion of
all renewal requests and avoid backlog. The renewal of a home
inspector license shall be contingent upon compliance with the
continuing education requirements and standards of practice as
determined by the board and defined by rules and regulations.
(d) To be eligible for licensure
as a home inspector, an applicant shall:
-
(i) be of good moral
character;
-
(ii) have successfully
completed high school or its equivalent;
-
(iii) have been engaged as a
licensed associate home inspector for not less than one year
and have performed not less than 100 home inspections under
the supervision of a licensed home inspector;
-
(iv) have passed a written or
electronic competency examination offered or approved by the
board; and
-
(v) pay the appropriate fee
set by the secretary of administration and finance.
Section 203. The board shall
establish the requirements for licensure as an associate home
inspector and shall promulgate such rules and regulations to
establish the associate training program and duties and
responsibilities of the supervisor and otherwise as may be
necessary pursuant to the provisions of this section. Said board
shall license as an associate an applicant who has shown to the
satisfaction of the board that the applicant:
-
is of good moral character;
-
has successfully completed
high school or its equivalent;
-
has successfully completed a
board-approved training program;
-
has performed not less than 25
home inspections in the presence of a licensed home
inspector;
-
has passed a written or
electronic competency examination offered or approved by the
board;
-
has an identified supervisor
who is a person licensed in good standing in the
commonwealth as a home inspector; and
-
has paid the appropriate fee
which shall be set by the secretary of administration and
finance.
Section 204. Upon payment to the
board of a fee and the submission of a written application
provided by said board, the board shall issue a home inspector
license to a person who holds a valid license or registration
issued by another jurisdiction which has standards substantially
equivalent to or exceeding the standards of the commonwealth, as
determined by said board.
Section 205. The board shall
establish procedures for the filing of complaints regarding home
inspectors who are subject to requirements for licensure.
A licensed home inspector and
associate home inspector engaged in the practice of home
inspection shall secure, maintain and file with the board
satisfactory proof of a certificate of an errors and omissions
policy which shall be in a minimum amount of $250,000 in the
aggregate. Every proof of an errors and omissions policy shall
stipulate that cancellation or nonrenewal of the policy shall
not be effective until at least ten days' notice of intention to
cancel or not renew has been received in writing by the board.
No home inspector or associate may supervise or perform a home
inspection unless his performance of the inspection is covered
by an errors and omissions policy of at least $250,000 in the
aggregate. Such proof shall be deemed satisfactory if the policy
is carried by the licensed company, partnership or franchise for
which the home inspector or associate home inspector is a
contracted employee and the home inspector or associate home
inspector is specifically covered by such policy.
A licensed home inspector and
associate home inspector shall promptly report to the insurance
company any complaint filed against either the inspector or the
inspector's company in a court of competent jurisdiction when
the claim in the complaint is greater than the deductible on the
inspector's errors and omissions insurance policy.
Any action arising from a home
inspection shall be commenced only within three years after the
date of a completed written report of a home inspection by a
home inspector.
Said board shall investigate all
complaints filed with the board relating to the proper practice
of home inspection and all complaints relating to a violation of
this chapter or any rule or regulation of said board.
Said board may, by a majority
vote, after a hearing held subject to chapter 30A, deny, refuse
renewal, limit, suspend or revoke the license of a home
inspector or an associate home inspector upon proof to the
satisfaction of the board that the holder thereof has:
-
committed fraud or
misrepresentation in obtaining a license;
-
been guilty of criminal
conduct which the board determines to be of such a nature as
to render such a person unfit to practice as a licensed home
inspector or associate home inspector, as evidenced by
criminal proceedings which resulted in a conviction, guilty
plea or plea of nolo contendere or an admission of
sufficient facts;
-
failed to report a claim
forthwith to the insurance carrier as provided in this
section;
-
violated any rule or
regulation of the board;
-
failed to fulfill any
continuing education requirements set out by the board;
-
violated any ethical standard
which the board determines to be of such a nature as to
render such person unfit to practice as a home inspector or
associate home inspector, such as:
-
(i) disclosing information
concerning the results of the home inspection without
the approval of a client or the client's representative;
-
(ii) accepting
compensation from more than one interested party for the
same service without the consent of all interested
parties;
-
(iii) accepting
commissions or allowances, directly or indirectly, from
parties other than the client in connection with work
for which the licensee is responsible to the client;
-
(iv) failing to promptly
disclose to a client or potential client information
about any business interest of the licensee which may
affect the client or potential client in connection with
the home inspection;
-
(v) attempting to limit
liability for negligent or wrongful errors or omissions
by use of a clause within a performance contract that
limits the cost of damages for negligent or wrongful
errors or omissions; or
-
(vi) conducting a home
inspection without the appropriate errors and omissions
insurance coverage;
-
failed to provide a written
report of the completed home inspection;
-
reported on the market value
of the property or its marketability; or
-
reported on the advisability
or inadvisability of the purchase of the property.
Section 206. The board may, by a
majority vote and upon determination made after a hearing
pursuant to, find that a home inspector or associate home
inspector is liable for a violation of the provisions of
sections 202 to 205, inclusive, and may impose the following
fines and penalties:
-
suspend, revoke, cancel or
place on probation the license of the home inspector or
associate;
-
reprimand or censure the
licensee;
-
order the licensee to complete
continuing education or training or both as a condition of
retention or future consideration or reinstatement of such
license;
-
order the licensee to
participate in a drug or alcohol rehabilitation program or
undergo drug testing or both as a condition of reinstatement
of such license;
-
order the licensee to practice
under appropriate supervision for a period of time to be
determined by said board as a condition of retention of
future consideration of reinstatement of such license;
-
order financial restitution,
where appropriate; and
-
assess an administrative
penalty of not more than $1,000 for each violation.
Whoever, not being licensed as a
home inspector or an associate home inspector, holds himself out
as such or whoever, being licensed, impersonates another home
inspector or associate home inspector or violates any rule or
regulation made by said board and performs a home inspection,
may be assessed a civil penalty of not more than $5,000 for each
violation. Such civil penalty may be assessed by the board after
hearing and may be enforced by the courts of the commonwealth.
No action by a home inspector for
recovery of a fee for the performance of a home inspection shall
be maintained in the courts of the commonwealth unless the
individual who performed the inspection was duly licensed at the
time the fee was earned.
An appeal of a license suspension,
revocation, cancellation or other discipline shall be made to
the superior court based solely on the administrative record
compiled at the board hearing.
SECTION 4. Prior to May 1, 2001,
the board shall issue to an individual, upon application, a home
inspector license, if the applicant meets the requirements of
clauses (i) and (v) of subsection (d) of section 202 of chapter
112 of the General Laws and: (1) has been engaged in the
practice of home inspections for compensation for not less than
three years prior to the effective date of this act; and (2) has
performed not less than 125 home inspections for compensation.
SECTION 5. The members of the
board of registration of home inspectors established by section
96 of chapter 13 of the General Laws shall be appointed on or
before September 1, 2000.
SECTION 6. Notwithstanding the
provisions of section 96 of chapter 13 of the General Laws to
the contrary, for a period of one year after the effective date
of said section 96 the initial four home inspectors appointed to
the board of registration of home inspectors shall not be
required, at the time of their initial appointment, to be
licensed to practice home inspection pursuant to the provisions
of sections 201 to 206, inclusive, of chapter 112 of the General
Laws, if they are of good moral character, have graduated from
high school or its equivalent, have been engaged in the practice
of home inspections for compensation for not less than five
years prior to the effective date of this section and have
performed not less than 1,000 home inspections for compensation.
SECTION 7. Sections 2 to 4,
inclusive, shall take effect on May 1, 2001. Approved November
24, 1999.
