December, 2005
Legislative News
Inspection News and Views from the American Society of Home Inspectors



Proposed Ohio Legislation

BOB KOCIOLEK

There's been a flurry of activity on some dormant bills and a new bill introduced, proving once again that no matter how late in the legislative year, ASHI membership cannot be asleep at the wheel.

Ohio Legislation Introduction
SB 207 creates a home inspector board and establishes licensing requirements. It defines the powers of the home inspector board for establishing a code of ethics and standards, creating educational standards, regulating licenses and collecting fees. The board will be comprised of five appointed members, all of whom have performed at least 500 home inspections.

Under this bill, becoming a licensed home inspector is a multi-step process. One first must be registered as an associate home inspector, and then licensed as an associate home inspector before he or she can apply to be a licensed home inspector.

To become registered as an associate home inspector, one must have:

• Provided a statement of intent to perform 30 home inspections under a licensed home inspector.
• Provided a signed statement from the licensed home inspector agreeing to supervise the home inspections.
• Proof of a general liability insurance policy for $100,000 or more.

To become licensed as an associate home inspector, one must have:

• Been a registered associate home inspector for at least one year.
• Completed at least 120 hours of education, 80 of which need to be in the classroom.
• Performed at least 30 home inspections under a licensed home inspector.
• Passed a nationally accredited exam.
• Proof of a general liability insurance policy for $100,000 or more.

To become a licensed home inspector, one must have:

• Been an associate home inspector for at least one year.
• Completed at least 200 home inspections for compensation under the supervision of a licensed home inspector.
• Proof of a general liability insurance policy for $100,000 or more.

SB 207 states home inspectors' licenses expire every two years. To renew, one must complete the continuing education requirements the home inspection board establishes. It also defines the prohibited acts that may result in civil penalties, suspension, revocation or refusal of licenses.

If passed, this licensing procedure will go into effect 480 days (1 year and 3 months) after the effective date of the bill.

In the interim, to be a licensed home inspector, one must have:

• Performed 250 home inspections for compensation.
• Passed a nationally accredited home inspection exam or completed a certified educational program in home inspection.
• Proof of a general liability insurance policy for $100,000 or more.

In the interim, to be a provisional home inspector, one must have:

• Performed at least 100 home inspections for compensation.
• Passed a nationally accredited home inspection exam.
• Proof of a general liability insurance policy for $100,000 or more.

In the interim, a provisional home inspector may apply to be a licensed home inspector when he or she has:

• Completed the continuing education requirements established by the home inspector board.
• Completed 250 home inspections for compensation after receiving provisional license.
• Proof of a general liability insurance policy for $100,000 or more.

A provisional home inspector license expires when the new system takes effect. Any provisional home inspector who does not complete the continuing education and 250 home inspections before this date will have to obtain a license through the new system.

SB 207 was introduced in the Senate by Senator Spada on October 19, 2005.

Here is a link to the bill.

Massachusetts Bill Updates

HB 3382, HB 3383 and SB 195 pertain to home inspector liability. The bills would reduce the time that an action can be brought against a home inspector from three years to one year after the date of a completed home inspection written report.

HB 3382 was introduced by Representative Falzone, HB 3383 by Representative Perry and SB 195 by Senator Havern. The bills were referred to the Consumer Protection and Professional Licensure Committee, and a public hearing was held November 3.

Here are links to the bills:

SB 195

HB 3382

HB 3383


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