Delaware General Assembly : Delaware Regulations : Monthly Register of Regulations : August 2013

Authenticated PDF Version

DEPARTMENT OF STATE

Division of Professional Regulation

4100 Board of Home Inspectors

Statutory Authority: 24 Delaware Code, Section 4106(a)(1) (24 Del.C. §4106(a)(1))

FINAL

4100 Board of Home Inspectors

ORDER

NATURE AND STAGE OF THE PROCEEDINGS

On June 1, 2013, the Delaware Board of Home Inspectors published proposed regulations in the Delaware Register of Regulations, Volume 16, Issue 12. This notice further indicated that written comments would be accepted by the Board for thirty days, a public hearing would be held, and written comments would be accepted for fifteen days thereafter. After due notice in the Register of Regulations and two Delaware newspapers, a public hearing was held on June 24, 2013 at a regularly scheduled meeting of the Delaware Board of Home Inspectors to receive verbal comments regarding the Board’s proposed amendments to its regulations.

SUMMARY OF THE EVIDENCE AND INFORMATION SUBMITTED

At the time of the deliberations, the Board considered the following documents:

Board Exhibit 1 – Affidavit of publication of the public hearing notice in the News Journal; and

Board Exhibit 2 – Affidavit of publication of the public hearing notice in the Delaware State News.

Board Exhibit 3 – Correspondence from Mark R. Valencik, arguing that the proposed regulations are too strict and will limit market share to established home inspectors.

There was no verbal testimony given at the public hearing on June 24, 2013. No written comments were received by the Board during the initial thirty day public comment period. The Board received 1 written comment during the fifteen day 29 Del.C. §10118(a) public comment period.

FINDINGS OF FACT AND CONCLUSIONS

1. The public was given notice and an opportunity to provide the Board with comments in writing and by testimony at the public hearing on the proposed regulations.

2. There were no public comments provided to the Board during the initial written public comment period or the public hearing, but it did receive one comment during the fifteen day period following the public hearing.

3. Pursuant to 24 Del.C. §4106(a)(1), the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.

4. The proposed rules and regulations implement the Board’s licensing law, Chapter 41 of Title 24 of the Delaware Code, set forth the process whereby applicants may qualify for licensure under the grandfather provision and adopt standards for continuing education. The rules and regulations further set forth a code of ethics and standards of practice for licensees. The Board has also proposed adoption of a list of crimes substantially related to the practice of home inspection.

5. With regard to the public comment from Mr. Valencik, the Board deliberated on the comments and determined that it had utilized public meetings over the course of at least one year to develop appropriate regulations to best serve the citizens of Delaware. The Board does not believe that the regulations as proposed impose an undue burden on current home inspectors or future applicants. As such, the Board decided not to change the proposed regulations in response to Mr. Valencik’s comments.

DECISION AND EFFECTIVE DATE

The Board hereby adopts the rules and regulations as proposed, to be effective 10 days following publication of this order in the Register of Regulations. The new regulations are attached hereto as Exhibit A.

SO ORDERED this 10th day of July, 2013.

BY THE DELAWARE BOARD OF HOME INSPECTORS


Donald Pyle, Sr., Chairman	Joyce Edwards
Dennis Theoharis, Vice Chairman	Timothy Harriger
Danial Eichelberger

4100 Board of Home Inspectors

1.0 Applications

1.1 All applications for licensure must be submitted on forms approved by the Board and the Division of Professional Regulation and be accompanied by the appropriate fee.

1.2 It is the responsibility of each licensee to be familiar, and in compliance, with the Board's licensing law, 24 Del.C. Ch. 41, and Rules and Regulations.

1.3 The Board may require additional information or explanation when it has questions about an applicant's qualifications or application materials. An application is not complete until the Board has received all required and requested documents, materials, information and fees.

1.4 Applications which are incomplete shall be retained for one year to allow an applicant the opportunity to supplement the application. After one year, incomplete applications are considered abandoned. Thereafter, an applicant must submit a new application with the appropriate fee.

1.5 Applicants must meet the requirements for licensure at the time their applications are submitted.

2.0 Definitions

[24 Del.C. §4102]

The following words and terms, when used in this regulation, shall have the following meaning unless the context clearly indicates otherwise:

"Active oversight" shall mean that the supervising home inspector is on the premises with the trainee and is readily available.

"Alarm systems" shall mean warning devices installed or free-standing, including, but not limited to, smoke detectors, carbon monoxide detectors, flue gas, and other spillage detectors, and security equipment.

"Automatic safety controls" shall mean devices designed and installed to protect systems and components from unsafe conditions.

"Component" shall mean a part of a system.

"Decorative" shall mean ornamental; not required for the proper operation of the essential systems and components of a home.

"Describe" shall mean to identify, in writing, a system or component by its type or other distinguishing characteristics.

"Dismantle" shall mean to take apart or remove any component, device, or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal maintenance.

"Engineering" shall mean the application of scientific knowledge for the design, control, or use of building structures, equipment, or apparatus.

"Further evaluation" shall mean examination and analysis by a qualified professional, tradesman, or service technician beyond that provided by the home inspection.

"Household appliances" shall mean kitchen, laundry, or similar appliances, whether installed or free-standing.

"Inspect" shall mean the examination of any system or component or a building using normal operating controls and opening readily openable access panels.

"Installed" shall mean attached, such that removal requires tools.

"Normal operating controls" shall mean devices such as thermostats, switches, or valves intended to be operating by the homeowner.

"Readily accessible" shall mean available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that will likely involve risk to persons or property.

"Readily openable access panel" shall mean a panel provided for homeowner inspection and maintenance that is readily accessible, within normal reach, can be removed by one person, and is not sealed in place.

"Recreational facilities” shall mean spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic playground or other similar equipment, and associated accessories.

"Report" shall mean communicate in writing.

"Representative number" shall mean one component per room for multiple similar interior components such as windows, and electric receptacles; one component for each side of the building for multiple similar exterior components.

"Roof drainage systems" shall mean components used to carry water off a roof and away from the building.

"Shut down" shall mean a state in which a system or component cannot be operated by normal operating controls.

"Siding" shall mean exterior wall covering and cladding; such as: aluminum, asphalt, brick, cement/asbestos, EIFS, stone, stucco, veneer, vinyl, wood, etc.

"Solid fuel burning appliances" shall mean a hearth and fire chamber or similar prepared place in which a fire may be built and that is built in conjunction with a chimney; or a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction.

"Structural component" shall mean a component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

"System" shall mean a combination of interacting or interdependent components, assembled to carry out one or more functions.

"Technically exhaustive" shall mean an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.

"Under-floor crawl space" shall mean the area within the confines of the foundation and between the ground and the underside of the floor.

"Unsafe" shall mean a condition that is readily accessible, installed system or component that is judged by the home inspector to be a significant risk of bodily injury during normal day-to-day use; the risk may be due to damage, deterioration or improper installation.

"Wiring methods" shall mean identification of electrical conductors or wires by their general type, such as non-metallic sheathed cable, armored cable, or knob and tube, etc.

3.0 Grandfather provision

[24 Del.C. §4108(d)]

3.1 All applications submitted pursuant to the grandfather provision set forth in 24 Del.C. §4108(d) shall be received by the Board on or before November 4, 2013. Only complete applications will be considered by the Board. Applications which are not received on or before November 4, 2013 shall not be eligible for licensure pursuant to the grandfather provision.

3.2 An applicant may qualify for the grandfather provision by either one of the following methods:

3.2.1 The applicant shall submit a log documenting no fewer than 250 home inspections in Delaware. The Board retains the discretion to request copies of sample home inspection reports for review to verify experience; or

3.2.2 The applicant shall show not less than five years' experience performing home inspections obtained prior to August 6, 2013. To document this experience, the applicant shall submit one of the following: a notarized affidavit from an employer or employers, or a written explanation as to why an affidavit cannot be obtained, or tax documents showing self-employment.

3.3 An application submitted pursuant to the grandfather provision must also include evidence in a form satisfactory to the Board that the applicant, or the applicant's employer, carries errors and omissions insurance in an amount equal to or greater than $50,000 and liability insurance in an amount equal to or greater than $250,000. Evidence shall include a notarized certificate of insurance submitted to the Board by the insurance carrier.

3.4 Trainee applicants may acquire supervised experience, as documented on a Board approved form, during the time period after the date of enactment of the statute until the deadline for submission of grandfather applications. However, that supervised experience shall satisfy the licensure requirements only if the supervisor becomes licensed under the grandfather provision within three months after making application.

4.0 Licensure Requirements

Each applicant for a home inspector license must provide the Board with the following, or have this information provided from the appropriate source, where indicated:

4.1 Evidence in a form satisfactory to the Board that the applicant has successfully completed high school or its equivalent. Such evidence includes a certified transcript or confirmation of G.E.D.

4.2 Evidence in a form satisfactory to the Board that the applicant has successfully passed the examination designated by the Board in section 11.0. Evidence shall include confirmation from the authorized testing agency that the applicant has achieved a passing score on the Board-approved examination.

4.3 Evidence in a form satisfactory to the Board that the applicant has completed the education requirements set forth in section 5.0. Evidence shall include a certificate or other acknowledgment of completion of the education requirement that is submitted to the Board by the applicant. This document shall identify the course, the course provider and location, and the date completed.

4.4 Evidence in a form satisfactory to the Board that the applicant has completed the trainee requirements. The applicant shall submit a log on a Board-approved form documenting the experience. The Board retains the discretion to request copies of sample home inspection reports for review to verify experience.

4.5 Evidence in a form satisfactory to the Board that the applicant, or the applicant's employer, carries errors and omissions insurance in an amount equal to or greater than $50,000 and liability insurance in an amount equal to or greater than $250,000. Evidence shall include a notarized certificate of insurance submitted to the Board by the insurance carrier.

5.0 Education

5.1 To qualify for licensure, all applicants must successfully complete a course of study, consisting of at least 140 hours of classroom or online training, which has been approved by the American Society of Home Inspectors ("ASHI"), the National Association of Home Inspectors ("NAHI") or the International Association of Certified Home Inspectors ("INTERNACHI").

5.2 The classroom or online training must include instruction in the following topics:

5.2.1 Heating systems;

5.2.2 Cooling systems;

5.2.3 Electrical systems;

5.2.4 Plumbing systems;

5.2.5 Structural components;

5.2.6 Foundations;

5.2.7 Roof coverings;

5.2.8 Exterior;

5.2.9 Interior;

5.2.10 Insulation and ventilation;

5.2.11 Manufactured housing;

5.2.12 Home inspection documents, forms and contracts;

5.2.13 Delaware licensure law;

5.2.14 Report writing.

6.0 Registration as Trainee

[24 Del.C. §4109]

A trainee applicant shall submit an application on a Board-approved form, which shall include verification of supervision to be completed and signed by the supervising home inspector.

7.0 Temporary license

[24 Del.C. §4110]

A temporary license issued pursuant to 24 Del.C. §4110 is valid for a single home inspection for a period of ten days from the date of issuance. An applicant may receive a maximum of five temporary licenses per year. The temporary license must be obtained prior to the home inspection.

8.0 Licensure by endorsement (Reciprocity)

[24 Del.C. §4111]

The Board may grant a reciprocal license in accordance with 24 Del.C. §4111 to applicants licensed in another state.

9.0 Responsibilities of supervising home inspector

9.1 To qualify as a supervisor, a home inspector shall hold a Delaware home inspector's license in good standing.

9.2 The supervising home inspector shall supervise no more than two trainees for each inspection. The supervising home inspector shall notify the Board in writing when the inspector is no longer supervising the trainee.

9.3 The registered trainee may assist in the home inspection and completion of the home inspection report and may co-sign the report, provided that:

9.3.1 The trainee works under the direct oversight of the supervising home inspector.

9.3.2 The supervising home inspector only assigns work to the trainee if the trainee is competent to perform such work.

9.3.3 The home inspection report is reviewed and signed by the supervising home inspector.

9.3.4 If co-signed by the trainee, the home inspection report shall indicate the trainee's status with the registration number issued by the Board.

9.3.5 The supervising home inspector accepts total responsibility for the home inspection report.