HSUT 197-4 CODE OF ETHICS AND REGULATIONS FOR HOMESUBPART 197-4 CODE OF ETHICS AND REGULATIONS FOR HOME INSPECTORS INSPECTORSome Inspector Code of Ethics

SUBPART 197-4     CODE OF ETHICS AND REGULATIONS FOR HOME INSPECTORS

Section 197-4.1 - Fundamental Rules

(a)   Home inspectors shall exhibit honesty and integrity in furtherance of the honor of the home inspection profession.  A home inspection has a direct and vital impact on the quality of life for all home buyers.  In performing home inspection services, home inspectors shall adhere to the highest principles of ethical conduct.

(b)   This Code of Ethics and Regulations reflects the current ethical standards for home inspectors.  It is the department’s intention that this document be a living document and that changes and updates to this Code of Ethics and Regulations be made as deemed necessary by the department in consultation with the Home Inspection Council.

(c)  Home inspectors shall fully adhere to and comply with the provisions of Article 12-B of the Real Property Law and all regulations promulgated thereunder including, but not limited to, this Code of Ethics and Regulations and the Standards of Practice.  

(d) Home Inspectors shall be required to cooperate with investigations by the Department of State.  Each applicant or licensee shall be obligated, on request of the Secretary of State, to supply such information as may be required concerning his, her or its business, business practices or business methods, or proposed business practices or methods.

Section 197-4.2   Written Contracts

(a)   Prior to performing a home inspection, home inspectors shall provide a client with a written pre-inspection agreement that clearly and fully describes the scope of service to be provided and the cost associated with that service.  All said contracts shall contain the following clauses which shall be printed in type size of not less than six point:

“Home inspectors are licensed by the NYS Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined in this pre-inspection agreement, Article 12 B of the Real Property Law and the regulations promulgated thereunder including, but not limited to, the Code of Ethics and Regulations and the Standards of Practice as provided in Title 19 NYCRR Subparts 197-4 and 197-5 et seq.  Home inspectors are not permitted to provide engineering or architectural services.”; and

“If immediate threats to health or safety are observed during the course of the inspection, the client hereby consents to allow the home inspector to disclose such immediate threats to health or safety to the property owner and/or occupants of the property.”

 (b)   Home inspectors shall discuss the scope of the inspection with the client and only perform services which have been duly authorized by the client.

Section 197-4.3   Non-Disclosure

Home inspectors shall not disclose to a third party the contents of a home inspection report or any observations, deductions, opinions that pertain to a home inspection report without the prior consent of the client or the client’s representative.

Section 197-4.4  Unlicensed and Unlawful Activity

(a)   Home inspectors shall not engage in, knowingly permit or aid and abet, unlicensed or activity that is prohibited by Article 12-B of the Real Property Law or the regulations promulgated thereunder.

(b)   In the event that a client insists upon a home inspector engaging in unlawful and/or unethical conduct, the home inspector shall, after notice to the client that such conduct is unlawful or unethical, be permitted to immediately withdraw from the assignment or contract.

(c)  Home inspectors shall not determine property boundary lines or encroachments, easements or any limitations of use of the property.

(d)   Home inspectors shall not determine compliance with regulations, codes, laws or ordinances.

(e)   Home inspectors shall not determine the market value of the property or its marketability.

Section 197-4.5  Competence

(a)   Except as provided in section 197-4.6 and 197-5.2(c), home inspectors shall conduct home inspections in compliance with the Standards of Practice.

(b)   Home inspectors shall not accept or perform services in which the home inspector knows or has reason to know that he or she is not competent to perform.

(c)   Home inspectors shall not delegate responsibility to another when the home inspector delegating such responsibility knows or has reason to know that such person is not a duly licensed home inspector and/or qualified by training and experience to perform said task.

Section 197-4.6  Written Reports

(a)    Home inspectors shall provide a written report containing the results of a home inspection.

(b) Home inspectors shall not willfully make a false report or false or misleading statements in the context of home inspection activities and/or a home inspection report. 

(c)  The home inspection report shall clearly identify the systems and components of the residential building that were observed.   If a home inspector is providing a home inspection that does not meet the minimum requirements as set forth in the Standards of Practice, the home inspection report must describe the scope of work, the services provided, and the systems and components that were included in and excluded from the inspection.

Section 197-4.7 Conflicts of Interest

(a)   The duty of every home inspector shall be to the client.  Home inspectors shall avoid conflicts of interest or activities that compromise their professional objectivity, or have the potential of creating an appearance that their professional objectivity has been compromised.

(b)    Prior to accepting any home inspection assignment, home inspectors shall disclose to the potential client all known or potential conflicts of interest that could influence or appear to influence the home inspector’s judgment or the quality of the home inspector’s services.

(c)   Home inspectors shall not solicit or accept compensation, financial or otherwise, from more than one interested party for a home inspection unless the circumstances are fully disclosed to the client and agreed upon by all interested parties.

(d)   Home inspectors shall not solicit or accept an assignment or contract from a 
governmental body on which a principal or officer of the home inspector’s office 
or organization serves as a member.      

(e)   Home inspectors shall not directly or indirectly compensate, in any way, real estate brokers, real estate salespersons, real estate brokerage companies, lending institutions or any other party or parties that expect to have a financial interest in closing the transaction, for future referrals of inspections or for inclusion on a list of recommended inspectors or preferred providers or any similar arrangement.

(f)    Home inspectors shall not accept financial or other consideration, such as material or equipment, from suppliers for suggesting the use of, or promoting a specific product in the course of performing a home inspection.

(g)   In connection with performing home inspections, home inspectors shall not accept commissions, fees or other consideration directly or indirectly from contractors or other persons or entities dealing with clients or employers of the home inspector in connection with work for which the inspector is responsible for, or has reported upon.

(h)  Home inspectors shall not inspect any residential building in which said home inspector or relative thereof has a financial interest or any interest in the transfer thereof, including the receipt of any commission as an agent.

(i)  Home inspectors shall not inspect a home if the home inspector’s compensation is contingent upon the sale of the home or if compensation is contingent upon the results of the home inspection.

Section 197-4.8 Fraud, Misrepresentation and Dishonesty

Home inspectors shall not engage in fraud, fraudulent activity, misrepresentation or dishonesty.

Section 197-4.9  Promotion and Advertising

(a)   Home inspectors shall not advertise in a false, misleading or deceptive manner.

(b)  Home inspectors shall not falsify or misrepresent their experience, education or qualifications or permit any such misrepresentation by their employees or associates.

(c)    Home inspectors shall not advertise home inspection services as an engineer or architect or under the heading of engineers, engineering, architects or architecture in any form of print or electronic media unless the individual and/or firm is licensed to provide engineering or architectural services by the New York State Education Department.

(d)    Home inspectors shall refrain from making any claim relating to the quality and effectiveness of services which cannot be substantiated by the home inspector.

(e)  Home inspectors placing or authorizing advertisements shall maintain or cause to be maintained an exact copy of each advertisement for a period of one year following the advertisement’s last publication.  This copy shall be made available for inspection, upon request, by the Department or an authorized representative of the Department.

(f)   Nothing herein shall prohibit a home inspector from advertising his or her services or advertising for the purpose of recruiting employees provided that no such advertisements shall be misleading or deceptive.

SUBPART 197-5     STANDARDS OF PRACTICE FOR HOME INSPECTORS

Section 197-5. 1       Definitions

(a) Alarm Systems: means installed or freestanding warning devices including, but not limited to, smoke detectors, carbon monoxide detectors, flue gas and other spillage detectors and security equipment.

(b) Central Air Conditioning: means a system that uses either ducts to distribute cooled and/or dehumidified air to more than one room of a residential building or pipes to distribute chilled water to heat exchangers in more than one room in a residential building, and which is not plugged into an electrical convenience outlet.

(c) Component: means a readily accessible and observable aspect of a system such as a floor or a wall, but not individual pieces such as boards or nails where many similar pieces make up the component.

(d) Dangerous or Adverse Situations: means situations that pose a threat of injury to the home inspector including, but not limited to, those situations in which the home inspector is required to use special protective clothing or other safety equipment.

(e) Decorative: means a component or part thereof that is ornamental and not required for the proper operation of the essential systems and components of a home.

(f) Dismantle: means to take apart or remove any component, device, or piece of equipment that is bolted, screwed, or fastened and that a homeowner in the course of normal household maintenance would not dismantle.

(g) Engineering, Practice of: means as that term is defined in Education Law, title VIII, Article 145, Section 7201.

(h) Engineering Study: means a study requiring engineering services.

(i) Functional Drainage: means the operation of a drain whereby a drain empties in a reasonable amount of time and does not overflow when another fixture is drained simultaneously.

(j) Functional Flow:   means a reasonable flow at the highest fixture in a dwelling when another fixture is operated simultaneously.

(k) Further Evaluation: means the examination and analysis by a qualified professional, tradesman, or service technician beyond that provided by the home inspection. 

(l) Household Appliances: means kitchen and laundry appliances, room air conditioners, and similar appliances.

(m) Inspect:  means to visually examine any system or component of a building in accordance with these Standards of Practice, using normal operating controls and opening readily operable access panels. 

(n) Installed: means attached or connected such that the installed item requires tools for removal.

(o) Normal Operating Controls: means homeowner operated devices such as a thermostat, wall switch, or safety switch.

(p) Observable: means able to be observed at the time of the inspection without the removal of covering, fixed, finished and or stored materials.

(q) Observe: means the act of making a visual examination.

(r) On-site Water Supply Quantity: means the volume of water that is available for domestic use.

(s) Operate: means to cause systems or equipment to function.

(t) Primary Windows and Doors: means windows and exterior doors that are designed to remain in their respective openings year-round.

(u) Readily Accessible: means available for visual inspection without requiring the home inspector to remove or dismantle any personal property, use destructive measures, or take any action which will likely involve risk to persons or property.

(v) Readily Operable Access Panel: means a panel provided for homeowner inspection and maintenance, which has removable or operable fasteners or latch devices in order to be lifted, swung open, or otherwise removed by one person, and its edges and fasteners are not painted in place. The panel must be within normal reach and not blocked by stored items, furniture or building components.

(w) Recreational Facilities: means spas, saunas, steam baths, swimming pools, tennis courts, playground equipment, and other entertainment or athletic facilities.

(x) Report: means a written document setting forth findings of home inspection unless otherwise specified in these regulations.

(y) Representative Number: means for multiple identical components such as windows and electrical outlets, one such component per room. For multiple identical exterior components this term shall mean one such component on each side of the building.

(z) Roof Drainage Systems: means gutters, down spouts, leaders, splash blocks, and similar components used to carry water off a roof and away from a building.

(aa) Safe Access: means access free of any encumbrances, hazardous materials, health and safety hazards such as climbing and/or standing on other than the ground and/or floor which may jeopardize the inspector.

(bb) Safety Glazing: means tempered glass, laminated glass or rigid plastic.

(cc) Shut Down: means a piece of equipment or a system is shut down when the device or control cannot be operated in a manner that a homeowner would normally use to operate it. If the safety switch or circuit breaker is in the "off" position, or the fuse is missing or blown, the inspector is not required to reestablish the circuit for the purpose of operating the equipment or system.

(dd) Solid Fuel Heating Device: means any wood, coal, or other similar organic fuel burning device including, but not limited to, fireplaces whether masonry or factory built, fireplace inserts and stoves, wood stoves (room heaters), central furnaces, and any combination of these devices.

(ee) Structural Component: means a component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

(ff) System: means a combination of interacting or interdependent components, assembled to carry out one or more functions.

(gg) Technically Exhaustive: means an inspection is technically exhaustive when it involves the extensive use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions, and recommendations.

(hh) Under Floor Crawl Space: means the area within the confines of the foundation and between the ground and the underside of the lowest floor structural component.

(ii) Unsafe: means a condition in a readily accessible, installed system or component, which is judged by the Home Inspector to be of significant risk of personal injury during normal, day to day use. The risk may be due to damage, deterioration, improper installation or a change in the accepted residential construction standard.

(jj) Water Supply Quality: means the quality of a residential building's water supply based on the bacterial, chemical, mineral, and solids content of the water.

Section 197-5.2 Purpose and Scope

(a)  These Standards of Practice establish a minimum and uniform standard for home inspectors.  Home inspections shall be performed in compliance with these Standards of Practice and shall provide the client with objective information regarding the condition of the systems and components of the residential building as observed at the time of the home inspection.

(b)   These Standards of Practice are not intended to limit home inspectors from including other inspection services or from observing and reporting upon systems and components not required by these Standards of Practice.

(c)   The home inspection report shall clearly identify the systems and components of the residential building that were observed.  If a home inspector is providing a home inspection that does not meet the minimum requirements as set forth in this Standards of Practice, the home inspection report must describe the scope of work, the services provided and the systems and components that are included and excluded in the inspection.

Section 197-5.3        Minimum Requirements

(a)   Home inspectors shall observe and report on readily accessible, visually observable installed systems and components as set forth in these Standards of Practice.

(b)   Home inspectors shall report on those systems and components observed that, in the professional opinion of the home inspector, are deficient, not functioning properly and/or unsafe.

(c)   If a home inspector has not observed a particular system or major component, he or she shall list said item in the inspection report as an item that was not observed and shall set forth the reasons why said item was not observed.

Section 197-5.4        Site Conditions

(a)   Home inspectors shall observe and report the following site conditions:
1.   The building perimeter for land grade and water drainage directly adjacent to the foundation;
2.   Trees and vegetation that adversely affect the residential building;
3.   Walkways, steps, driveways, patios and retaining walls.

(b)   Home inspectors are not required to observe and report on the following site conditions:
1.   Fences and privacy walls;
2.   The health and condition of trees, shrubs and other vegetation.

Section 197-5.5        Structural Systems

(a)       Home inspectors shall observe and report on the following:

1.         Any deteriorated and/or damaged structural component including the building foundation and framing;
2.         The floor structure;
3.         The wall structure;
4.         The ceiling structure;
5.         The roof structure.

 

Section 197-5.6        Exterior

(a)       Home inspectors shall observe and report on:
1.         All exterior walls and coverings, flashing and trim;
2.         All exterior doors including garage doors and operators;
3.         All attached or adjacent decks, balconies, stoops, steps, porches and railings;
4.         All eaves, soffits and fascias where accessible from the ground level;
5.         All adjacent walkways, patios and driveways on the subject property;
6.         The condition of a representative number of windows.

(b)       Home inspectors are not required to observe and report on the following:
1.         Screening, shutters, awnings and other seasonal accessories;
2.         Fences;
3.         Geological and/or soil conditions;
4.         Recreational facilities;
5.         Out-buildings other than garages and carports;
6.         Tennis courts, jetted tubs, hot tubs, swimming pools, saunas and similar structures that would require specialized knowledge or test equipment;
7.         Erosion control and earth stabilization measures;
8.         The operation of security locks, devices or systems;
9.         The presence of safety-type glass or the integrity of thermal window seals or damaged glass.

Section 197-5.7        Roof Systems

(a)       Home inspectors shall observe and report on readily accessible:
1.         Roofing materials and condition;
2.         Roof drainage systems;
3.         Flashing;
4.         Skylights, chimneys and roof penetrations.

(b)       The home inspector shall report on the methods used to observe the roof and other components set forth in this section.

(c)        All home inspection reports shall describe the observed condition and type of roofing materials and shall describe the methods used to observe the roofing.

(d)       Home inspectors are not required to observe and report on:
1.         Antennas, lightening arresters or similar attachments;
2.         Any flue or chimney interior that is not readily accessible;
3.         Other installed accessories.

(e)       Home inspectors are not required to operate powered roof ventilators.

(f)        Home inspectors are not required to determine the remaining life expectancy of roof coverings, manufacturers' defects, installation methods or recalls or to determine the number of roof layers present.

(g)       Home inspectors are not required to walk on or access a roof where to do so could result in damage to the roof or roofing material or endanger the health and safety of the home inspector.

Section 197-5.8        Plumbing System

(a)       Home inspectors shall observe and report on the following visibly and readily accessible components, systems and conditions:
1.         Interior water supply and distribution systems including fixtures and faucets;
2.         Drain, waste and vent systems;
3.         Water heating equipment and vents and pipes;
4.         Fuel storage and fuel distribution systems and components;
5.         Drainage sumps, sump pumps, ejector pumps and related piping;
6.         Active leaks.

(b)       In inspecting plumbing systems and components, home inspectors shall operate all readily accessible:
1.         Fixtures and faucets;
2.         Domestic hot water systems;
3.         Drain pumps and waste ejectors pumps;
4.         The water supply at random locations for functional flow;
5.         Waste lines from random sinks, tubs and showers for functional drainage;

(c)        Home inspectors are not required to:
1.         Operate any main, branch or fixture valve, except faucets, or to determine water  temperature;
2.         Observe and report on any system that is shut down or secured;
3.         Observe and report on any plumbing component that is not readily accessible;
4.         Observe and report on any exterior plumbing component or system or any underground drainage system;
5.         Observe and report on fire sprinkler systems;
6.         Evaluate the potability of any water supply;
7.         Observe and report on water conditioning equipment including softener and filter systems;
8.         Operate freestanding or built in appliances;
9.         Observe and report on private water supply systems;
10.       Test shower pans, tub and shower surrounds or enclosures for leakage;
11.       Observe and report on gas supply system for materials, installation or leakage;
12.       Evaluate the condition and operation of water wells and related pressure tanks and pumps; the quality or quantity of water from on-site water supplies or the condition and operation of on-site sewage disposal systems such as cesspools, septic tanks, drain fields, related underground piping, conduit, cisterns and equipment;
13.       Observe, operate and report on fixtures and faucets if the flow end of the faucet is connected to an appliance;
14.       Record the location of any visible fuel tank on the inspected property that is not within or directly adjacent to the structure;
15.       Observe and report on any spas, saunas, hot-tubs or jetted tubs;
16.       Observe and report on any solar water heating systems.

(d).      Home inspections shall describe the water supply, drain, waste and vent piping materials; the water heating equipment including capacity, and the energy source and the location of the main water and main fuel shut-off valves.  In preparing a report, home inspectors shall state whether the water supply and waste disposal systems are a public, private or unknown.

Section 197-5.9        Electrical System

(a).      Home inspectors shall observe and report upon readily accessible and observable portions of:
1.         Service drop;
2.         Service entrance conductors, cables and raceways;
3.         The main and branch circuit conductors for property over current protection and condition by visual observation after removal of the readily accessible main and sub electric panel covers;
4.         Service grounding;
5.         Interior components of service panels and sub-panels;
6.         A representative number of installed lighting fixtures, switches and receptacles;
7.         A representative number of ground fault circuit interrupters.

(b).      Home inspections shall describe readily accessible and observable portions of:
1.         Amperage and voltage rating of the service;
2.         The location of main dis-connects and sub-panels;
3.         The presence of aluminum branch circuit wiring;
4.         The presence or absence of smoke detectors and carbon monoxide detectors;

5.         The general condition and type of visible branch circuit conductors that may constitute a hazard to the occupant or the residential building by reason of improper use or installation of electrical components.

(c).       Home inspectors are not required to:
1.         Observe and report on remote control devices;
2.         Observe and report on alarm systems and components;
3.         Observe and report on low voltage wiring systems and components such as doorbells and intercoms;
4.         Observe and report on ancillary wiring systems and components which are not a part of the primary electrical power distribution system;
5.         Insert any tool, probe or testing device into the main or sub-panels;
6.         Activate electrical systems or branch circuits which are not energized;
7.         Operate overload protection devices;
8.         Observe and report on low voltage relays, smoke and/or heat detectors, antennas, electrical de-icing tapes, lawn sprinkler wiring, swimming pool wiring or any system controlled by timers;
9.         Move any object, furniture or appliance to gain access to any electrical component;
10.       Test every switch, receptacle and fixture;
11.       Remove switch and outlet cover plates;
12.       Observe and report on electrical equipment not readily accessible;
13.       Dismantle any electrical device or control;
14.       Measure amperage, voltage or impedance;
15.       Observe and report on any solar powered electrical component or 
any standby emergency generators or components.   

Section 197-5.10      Heating System

(a).      Home inspectors shall:
1.         Describe the type of fuel, heating equipment and heating distribution system;
2.         Operate the systems using thermostats;
3.         Open readily accessible and operable access panels provided by the manufacturer or installer for routine homeowner maintenance;
4.         Observe and report on the condition of normally operated controls and components of the systems;
5.         Observe and report on visible flue pipes, dampers and related components for functional operation;
6.         Observe and report on the presence of and the condition of a representative number of heat sources in each habitable space of the residential building;
7.         Observe and report on the operation of fixed supplementary heat units;
8.         Observe and report on visible components of vent systems, flues and chimneys;

(b).      Home inspectors are not required to:
1.         Activate or operate the heating systems that do not respond to the thermostats or have been shut down;
2.         Observe, evaluate and report on heat exchangers;
3.         Observe and report on equipment or remove covers or panels that are not readily accessible;
4.         Dismantle any equipment, controls or gauges;
5.         Observe and report on the interior of chimney flues;
6.         Observe and report on heating system accessories, such as humidifiers, air purifiers, motorized dampers and heat reclaimers;
7.         Activate heating, heat pump systems or any other system when ambient temperatures or other circumstances are not conducive to safe operation or may damage the equipment;
8.         Evaluate the type of material contained in insulation and/or wrapping of pipes, ducts, jackets and boilers;
9.         Evaluate the capacity, adequacy or efficiency of a heating or cooling system;
10.       Test or operate gas logs, built-in gas burning appliances, grills, stoves, space heaters or solar heating devices or systems;
11.       Determine clearance to combustibles or adequacy of combustion air;
12.       Test for gas leaks or carbon monoxide;
13.       Observe and report on in-floor and in-ceiling radiant heating systems.

Section 197-5.11      Air Conditioning Systems

(a).      Home inspectors shall:
1.         Observe, describe and report on the type of air conditioning equipment and air conditioning distribution system;
2.         Operate the system using the thermostat; 
3.         Open a representative number of readily accessible and operable access panels provided by the manufacturer for routine homeowner maintenance; 
4.         Observe and report on the condition of normally operated controls and components of the system.

(b).      Home inspectors are not required to:
1.         Activate or operate air conditioning systems that have been shut down;
2.         Observe and report on gas-fired refrigeration systems, evaporative coolers, or wall or window-mounted air conditioning units;
3.         Check the pressure of the system coolant or determine the presence of leakage;
4.         Evaluate the capacity, efficiency or adequacy of the system;
5.         Operate equipment or systems if exterior temperature is below 65 degrees Fahrenheit or when other circumstances are not conducive to safe operation or may damage equipment; 
6.         Remove covers or panels that are not readily accessible or that are not part of routine homeowner maintenance;
7.         Dismantle any equipment, controls or gauges;
8.         Check the electrical current drawn by the unit;
9.         Observe and report on electronic air filters.

Section 197-5.12      Interior

(a).      Home inspectors shall:
1.         Observe and report on the material and general condition of walls, ceilings and floors;
2.         Observe and report on steps, stairways and railings;
3.         Observe, operate and report on garage doors, garage door safety devices and garage door operators;
4.         Where visible and readily accessible, observe and report on the bath and/or kitchen vent fan ducting to determine if it exhausts to the exterior of the residential building;
5.         Observe, operate and report on a representative number of primary windows and interior doors;
6.         Observe and report on visible signs of water penetration.

(b).      Home inspectors are not required to:
1.         Ignite fires in a fireplace or stove to determine the adequacy of draft, perform a chimney smoke test or observe any solid fuel device in use;
2.         Evaluate the installation or adequacy of inserts, wood burning stoves or other modifications to a fireplace, stove or chimney;
3.         Determine clearance to combustibles in concealed areas;
4.         Observe and report on paint, wallpaper or other finish treatments;
5.         Observe and report on window treatments;
6.         Observe and report on central vacuum systems;
7.         Observe and report on household appliances;
8.         Observe and report on recreational facilities;
9.         Observe and report on lifts, elevators, dumbwaiters or similar devices.

Section 197-5.13      Insulation and Ventilation

(a).      Home inspectors shall:
1.         Observe, describe and report on insulation in accessible, visible unfinished spaces;
2.         Observe, describe and report on ventilation of accessible attics and foundation areas;
3.         Observe and report on mechanical ventilation systems in visible accessible areas.

(b).      Home inspectors are not required to:
1.         Disturb insulation;
2.         Operate mechanical ventilation systems when weather or other 
conditions are not conducive to safe operation or may damage 
the equipment.        

Section 197-5.14      Fireplaces

(a).      Home inspectors shall:
1.         Observe and report on visible and accessible system components;
2.         Observe and report on visible and accessible chimneys and vents;
3.         Observe and report on chimney caps;
4.         Observe and report on fireplaces and solid fuel burning appliances;
5.         Observe and report on chimneys;
6.         Observe, operate and report on accessible fireplace dampers.

(b).      Home inspectors are not required to:
1.         Observe and report on the interiors of flues or chimneys;
2.         Observe and report on fire screens and doors;
3.         Observe and report on automatic fuel feed devices;
4.         Observe and report on mantles and fireplace surrounds;
5.         Observe and report on combustion make-up air devices;
6.         Observe and report on heat distribution assists;
7.         Ignite or extinguish fires;
8.         Determine draft characteristics;
9.         Move fireplace inserts and stoves or firebox contents.

Section 197-5.15   Attics

(a).      Home inspectors shall observe and report on any safe and readily accessible attic space describing:
1.         The method of observation used; and
2.         Conditions observed.

(b).      Home inspectors are not required to enter any attic where no walkable floor is present or where entry would, in the opinion of the home inspector, be unsafe.

Section 197-5.16      Limitations and Exclusions

(a).      Home inspectors are not required to observe any item that is concealed or not readily accessible to the home inspector.  The home inspector is not required to move furniture, personal or stored items; lift floor coverings; move attached wall or ceiling coverings or panels; or perform any test or procedure which could damage or destroy the item being evaluated.

(b).      Home inspectors are not required to observe appliances, recreational facilities, alarm systems, intercoms, speaker systems, radio controlled devices, security devices and lawn irrigation systems.

(c).       Home inspectors shall not be required to determine the presence or absence of any suspected hazardous substance including but not limited to, latent surface and/or subsurface volatile organic compounds, PCB's, asbestos, urea formaldehyde insulation, toxins, carcinogens, diseases, wood destroying organisms, mold, hazardous plants, illicit drugs or drug making equipment, lead paint, noise or contaminants in soil, water, air quality, wet lands or any other environmental hazard.

(d).      Except as otherwise necessary and required by this Standards of Practice, home inspectors are not required to use special instruments or testing devices, such as amp meters, pressure gauges, moisture meters, gas detectors and similar equipment.

(e).      Home inspectors are not required to report on real property, geological, environmental or hazardous waste conditions, manufacturer recalls or conformance of proper manufacturer installation of any component or system, or information contained in Consumer Protection Bulletins.  Home inspectors are not required to report upon past or present violations of codes, ordinances or regulations.

(f).       Home inspectors are not required to provide an inspection of any condominium common component or system, or to evaluate condominium reserve accounts.

(g).      Home inspectors are not required to enter any residential building or area of a building that, in the opinion of the home inspector, is dangerous to the safety of the home inspector or others or that will result in damage to the property,  its systems or components.

(h).      Home inspectors shall not be required to enter any area or perform any procedure which, in the opinion of the home inspector, may damage the property or its components.

(i).        Home inspectors shall not be required to observe any system or component that is not included in this Standards of Practice.

(j).        Home inspections performed in accordance with these Standards of Practice are not technically exhaustive and are not required to identify concealed conditions, latent defects or consequential damages.

(k).       Home inspectors are not required to determine:
1.         Conditions of systems or components that are not readily accessible;
2.         The remaining life expectancy of any system or component;
3.         The strength, adequacy, effectiveness or efficiency of any system or component;
4.         The causes of any condition or deficiency;
5.         The methods, materials or costs of corrections;
6.         The future condition of a system or component including, but not limited to, the failure of the system and/or components;
7.         The suitability of the property for any specialized use;
8.         The advisability of purchase of the property;
9.         The presence of potentially hazardous plants or animals including, but not limited to, wood destroying organisms or diseases harmful to humans including molds or mold-like substances;
10.       The presence of any environmental hazard including, but not limited to, toxins, carcinogens, noise, and contaminants in soil, water and air;
11.       The effectiveness of any system installed or method utilized to control or remove suspected hazardous substances;
12.       Operating costs of systems of components;
13.       Acoustical properties of any system or component;
14.       Soil conditions related to geo-technical or hydrologic specialties.

(l).        Home inspectors are not required to offer:
1.         To perform work in any trade or profession other than home inspection;
2.         Warranties or guarantees of any kind.

(m).     Home inspectors are not required to operate:
1.         Any system or component that is shut down or otherwise inoperable;
2.         Any system or component that does not respond to normal operating controls and shall not be required to dismantle any system or component, except as explicitly required by these Standards of Practice;
3.         Shut off valves or manual stop valves;
4.         Any system or component that, in the opinion of the home inspector, is dangerous to the home inspector or other persons, or will result in damage to the residential building, its systems or its components.

(n).      Home inspectors are not required to observe:
1.         Concealed spaces or components or underground items including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or otherwise;
2.         Items that have not been installed;
3.         Installed decorative items;
4.         Items that are not entered in accordance with subdivision 15 of this section;
5.         Detached structures other than garages and carports.

(o).      Home inspectors shall not be required to describe or report on any system or component that is not included in these Standards of Practice and was not inspected.

(p).      Home inspectors shall not be required to move personal property, furniture, equipment, plants, soil, snow, ice or debris.

(q).      These Standards of Practice are not intended to limit home inspectors from excluding systems and components from the home inspection if requested by the client.


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State of Conneticuit Standards of Practice
for HOME INSPECTORS
Current with material published in Conn.L.J. through 5/13/08
Sec. 20-491-1. Definitions
As used in sections 20-491-1 to 20-491-26, inclusive, of the Regulations of Connecticut State Agencies:
(1) "Alarm systems" means warning devices, installed or free-standing, including but not limited to: carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms;
(2) "Architectural service" means "the practice of architecture" or "practice architecture" as defined in Section 20-288(3) of the Connecticut General Statutes;
(3) "Automatic safety controls" means devices designed and installed to protect systems and components from unsafe conditions;
(4) "Component" means a part of a system;
(5) "Decorative" means ornamental; not required for the operation of the essential systems and components of a home;
(6) "Describe" means to report a system or component by its type or other observed, significant characteristics to distinguish it from other systems or components;
(7) "Dismantle" means 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 and routine home owner maintenance;
(8) "Engineering service" means services offered by a "professional engineer" as defined in Section 20-299(1) of the Connecticut General Statutes;
(9) "Further evaluation" means examination and analysis by a qualified professional, tradesperson or service technician beyond that provided by the home inspection;
(10) "Household appliances" means kitchen, laundry, and similar appliances, whether installed or free-standing;
(11) "Inspect" means to examine readily accessible systems and components of a building in accordance with home inspection statutes and sections 20-491-1 to 20-491-26, inclusive, of the Regulations of Connecticut State Agencies, using normal operating controls and opening readily accessible panels;
(12) "Installed" means attached such that removal requires tools;
(13) "Normal operating controls" means devices such as thermostats, switches or valves intended to be operated by the homeowner;
(14) "Readily accessible" means available for visual inspection without requiring moving of
personal property, dismantling, destructive measures, or any action which will likely involve risk to persons or property;
(15) "Readily openable access panel" means a panel provided for homeowner inspection and
maintenance that is within normal reach, can be removed by one person, and is not sealed in place;
(16) "Recreational facilities" means spas, saunas, steambaths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories;
(17) "Report" means to communicate in writing;
(18) "Representative number" means one component per room for multiple similar interior components such as windows and electric outlets; one component on each side of the building for multiple similar exterior components;
(19) "Roof drainage systems" means components used to carry water off a roof and away from a building;
(20) "Significantly deficient" means unsafe or not functioning;
(21) "Shut down" means a state in which a system or component cannot be operated by normal operating controls;
(22) "Solid fuel burning appliances" means a hearth and fire chamber or similarly prepared place in which a fire may be built and which 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;
(23) "Structural component" means a component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads);
(24) "System" means a combination of interacting or independent components, assembled to carry out one or more functions;
(25) "Technically exhaustive" means an investigation that involves dismantling, the extensive use of advance techniques, measurements, instruments, testing, calculations or other means;
(26) "Under-floor crawl space" means the area within the confines of the foundation and between the ground and the underside of the floor;
(27) "Unsafe" means a condition in a readily accessible, installed system or component that is judged to be a significant risk of personal injury during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation or a change in accepted residential construction standards; and
(28) "Wiring methods" means identification of electrical conductors or wires of the general type, such as "non-metallic sheathed cable" ("Romex"), "armored cable" ("bx") or "knob and tube." (Added effective July 30, 2002.)
Sec. 20-491-2. Purpose and scope
(a) The purpose of these regulations is to establish a minimum and uniform standard for the home inspector who provides or offers to provide a home inspection.
(b) The inspector shall inspect readily accessible systems and components of homes and installed systems and components of homes.
(c) The inspector shall report on those systems and components inspected which, in the professional opinion of the inspector, are significantly deficient or are near the end of their service lives.
(d) The inspector shall provide a reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life and the inspector shall provide recommendations to correct or monitor the reported deficiency.
(e) The inspector shall report on any systems and components designated for inspection in these regulations which were present at the time of the home inspection, unless a written reason is provided as to why any such systems or components were not inspected.
(f) These regulations are not intended to limit the inspector from including other inspection services, systems or components in addition to those required by these regulations; from specifying repairs, provided the inspector is appropriately qualified and willing to do so; and from excluding systems and components from the inspection if requested by the client. (Added effective July 30, 2002.)
Sec. 20-491-3. Structural system
(a) The inspector shall inspect the structural components including foundations and framing.
(b) The inspector shall probe a representative number of structural components where deterioration is suspected or where clear indications of possible deterioration exist. Probing is not required when probing would damage any finished surface or where no deterioration is visible.
(c) The inspector shall describe the foundation and report the methods used to inspect the underfloor crawl space or basement area; the floor structure; the wall structure; the ceiling structure; and the roof structure and report the methods used to inspect the attic.
(d) The inspector is not required to provide any engineering service or provide architectural service. (Added effective July 30, 2002.)
Sec. 20-491-4. Exterior
(a) The inspector shall inspect the exterior wall covering, flashing and trim; all exterior doors; attached decks, balconies, stoops, steps, porches, and their associated railings; the eaves, soffits, and fascias where accessible from the ground level; the vegetation, grading, surface drainage, and retaining walls on the property when any of these are likely to adversely affect the building; and walkways, patios, and driveways leading to dwelling entrances.
(b) The inspector shall describe exterior wall covering, finishing and trim.
(c) The inspector is not required to inspect screening, shutters, awnings, and similar seasonal accessories; fences; geological, geotechnical or hydrological conditions; recreational facilities; outbuildings; seawalls, break-walls, and docks; or erosion control and earth stabilization measures.
(Added effective July 30, 2002.)
Sec. 20-491-5. Roof system
(a) The inspector shall inspect the roof covering; the roof drainage systems; the flashings; the skylights, chimneys, and roof penetrations.
(b) The inspector shall describe the roof covering and report the methods used to inspect the roof.
(c) The inspector is not required to inspect antennae, interiors of flues or chimneys which are not readily accessible or other installed accessories.(Added effective July 30, 2002.)
Sec. 20-491-6. Plumbing system
(a) The inspector shall inspect the interior water supply and distribution systems, including all fixtures and faucets; the drain, waste and vent systems, including all fixtures; the water heating equipment; the fuel storage and fuel distribution systems; and the drainage sumps, sump pumps, and related piping.
(b) The inspector shall describe the water supply, drain, waste, and vent piping materials; if the water supply to the building is from an on-site well pump system, then the inspector shall describe the visible components of that system, the water heating equipment including the energy source; and the location of main water and main fuel shut-off valves.
(c) The inspector is not required to inspect the clothes washing machine connections; wells, well pumps, or water storage related equipment; water conditioning systems; solar water heating systems; fire and lawn sprinkler systems; or private waste disposal systems.
(d) The inspector is not required to determine whether water supply and waste disposal systems are public or private or the quantity or quality of the water supply, well yields, well pump longevity, or the internal condition of water storage equipment.
(e) The inspector is not required to operate safety valves or shut-off valves. (Added effective July 30, 2002; Amended effective March 7, 2008.)
Sec. 20-491-7. Electrical system
(a) The inspector shall inspect the service drop; the service entrance conductors, cables, and raceways; the service equipment and main disconnects; the service grounding; the interior components of service panels and sub panels; the conductors; the overcurrent protection devices; a representative number of installed lighting fixtures, switches, and receptacles; and the ground fault circuit interrupters.
(b) The inspector shall describe the amperage and voltage rating of the service; the location of main disconnect or disconnects and sub panels; and the wiring methods.
(c) The inspector shall report on the presence of solid aluminum branch circuit wiring.
(d) The inspector shall report on the absence of smoke detectors.
(e) The inspector is not required to inspect the remote control devices unless the device is the only control device, the alarm systems and components, the low voltage wiring systems and components, or the ancillary wiring systems and components not a part of the primary electrical power distribution system.
(f) The inspector is not required to measure amperage, voltage, or impedance. (Added effective July 30, 2002.)
Sec. 20-491-8. Heating system
(a) The inspector shall inspect the installed heating equipment and the vent systems, flues and chimneys.
(b) The inspector shall describe the energy source and the heating method by its distinguishing characteristics.
(c) The inspector is not required to inspect the interiors of flues or chimneys which are not readily accessible, the heat exchanger, the humidifier, dehumidifier, the electronic air filter, or the solar space heating system.
(d) The inspector is not required to determine heat supply adequacy or distribution balance. (Added effective July 30, 2002.)
Sec. 20-491-9. Air conditioning systems
(a) The inspector shall inspect the installed central and through-wall cooling equipment.
(b) The inspector shall describe the energy source and the cooling method by its distinguishing characteristics.
(c) The inspector is not required to inspect electronic air filters or determine cooling supply adequacy or distribution balance. (Added effective July 30, 2002.)
Sec. 20-491-10. Interior
(a) The inspector shall inspect the walls, ceilings, and floors; the steps, stairways, and railings; the countertops and a representative number of installed cabinets; a representative number of doors and windows; and garage doors and garage door operators.
(b) The inspector is not required to inspect the paint, wallpaper, and other finish treatments; the carpeting; the window treatments; the central vacuum systems; the household appliances; or recreational facilities. (Added effective July 30, 2002.)
Sec. 20-491-11. Insulation and ventilation
(a) The inspector shall inspect the insulation and vapor retarders in unfinished spaces; the ventilation of attics and foundation areas; and the mechanical ventilation systems.
(b) The inspector shall describe the insulation and vapor retarders in unfinished spaces and the absence of insulation in unfinished spaces at conditioned surfaces.
(c) The inspector is not required to disturb insulation or vapor retarders or determine indoor air quality. (Added effective July 30, 2002.)
Sec. 20-491-12. Fireplaces and solid fuel burning appliances
(a) The inspector shall inspect the system components and the vent systems, flues, and chimneys.
(b) The inspector shall describe the fireplaces, solid fuel burning appliances and the chimneys.
(c) The inspector is not required to inspect the interiors of flues or chimneys, the firescreens and doors, the seals and gaskets, the automatic fuel feed devices, the mantles and fireplace surrounds, the combustion make-up air devices, or the heat distribution assists, whether gravity controlled or fan assisted.
(d) The inspector is not required to ignite or extinguish fires, determine draft characteristics, or move fireplace inserts or stoves or firebox contents.
(Added effective July 30, 2002.)
Sec. 20-491-13. General limitations and exclusions
(a) Inspections performed in accordance with these regulations are not technically exhaustive. The inspector is not required to identify concealed conditions or latent defects.
(b) These regulations shall be applicable to buildings with four or fewer dwelling units and their attached garages or carports.
(c) The inspector is not required to perform any action or make any determination unless specifically stated in these regulations, except as may be required by lawful authority.
(d) The inspector is not required to determine the following:
(1) the condition of systems or components which are not readily accessible;
(2) the remaining life of any system or component;
(3) the strength, adequacy, effectiveness, or efficiency of any system or component;
(4) the causes of any condition or deficiency;
(5) the methods, materials, or costs of corrections;
(6) future conditions, including, but not limited to, failure of systems or components;
(7) the suitability of the property for any specialized use;
(8) compliance with regulatory requirements (codes, regulations, laws or ordinances);
(9) the market value of the property or its marketability;
(10) the advisability of the purchase of the property;
(11) the presence of potentially hazardous plants or animals, including, but not limited to, wood destroying organisms or diseases harmful to humans;
(12) the presence of any environmental hazards, including, but not limited to, toxins, carcinogens, noise, and contaminants in soil, water, and air, with the exception of radon, asbestos, lead paint, or lead solder;
(13) the effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances;
(14) the operating costs of systems or components; or
(15) the acoustical properties of any system or component.
(e) Any services not required under Sections 20-491-1 to 20-491-14 of the Regulations of Connecticut State Agencies may be offered by the home inspector as an optional service or provided at the request of the client.
(f) The inspector is not required to offer or perform any act or service contrary to law, or perform engineering services, or perform work in any other trade or any professional service other than home inspection, or offer any warranties or guarantees of any kind.
(g) The inspector is not required to operate any system or component which is shut down or otherwise inoperable, any system or component which does not respond to normal operating controls, or shut-off valves.
(h) The inspector is not required to enter any area which will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components; or the under-floor crawl spaces or attics which are not readily accessible.
(i) The inspector is not required to inspect underground items including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or active; systems or components which are not installed; decorative items; systems or components located in areas that are not entered in accordance with these regulations; detached structures other than garages and carports; or common elements or common areas in multi-unit housing, such as condominium properties or cooperative housing.
(j) The inspector is not required to perform any procedure or operation which will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components; move suspended ceiling tiles, personal property, furniture, equipment, plants, soil, snow, ice, or debris; or dismantle any system or component, except as explicitly required by these regulations. (Added effective July 30, 2002.)
Sec. 20-491-14. Code of ethics
(a) Opinions expressed by the inspector shall only be based on the inspector's education, experience and honest convictions.
(b) The inspector shall always act in good faith toward each client.
(c) The inspector shall not disclose any information concerning the results of the inspection without the approval of the client or such client's representative unless the inspector finds that public health, safety or welfare imperatively requires emergency action.
(d) The inspector shall not accept compensation, financial or otherwise, from more than one interested party for the same service without the consent of all interested parties.
(e) The inspector shall not accept or offer commissions or allowances, directly or indirectly, from other parties dealing with such inspector's client in connection with work for which the inspector is responsible.
(f) Prior to being retained, the inspector shall promptly disclose to his or her client any interest or conflict of interest which may affect the client.
(g) The inspector shall not allow an interest in any business to affect the quality or the results of the work which the inspector may be called upon to perform.
(h) The inspection work shall not be used as a vehicle for the inspector to deliberately obtain work in another field.
(i) The inspector shall make every effort to uphold, maintain, and improve the professional integrity, reputation, and practice of the home inspection profession.
(j) The inspector shall not engage in false or misleading advertising or otherwise misrepresent any matters to the public.
(k) No inspector shall express, within the context of an inspection, an appraisal or opinion of the market value of the inspected property.
(l) The inspector shall not discriminate against anyone on the basis of age, creed, color, sex, sexual orientation, physical or mental handicap, or national origin. (Added effective July 30, 2002.)
Sec. 20-491-15. Schools, institutions or organizations
(a) Each school, institution or organization, desirous of offering approved home inspection courses shall submit a formal filing for each course seeking approval with the Home Inspection Licensing Board.
(b) Each school, institution or organization seeking approval of its home inspection courses shall offer to the general public at least one course required to meet the minimum qualifications. These shall include, but not be limited to, the following: A home inspection principles and practices course consisting of not less than forty classroom hours of study. (Added effective July 30, 2002.)
Sec. 20-491-16. Course filing requirements
(a) The filing for each course shall include, but not be limited to, the following: (1) A copy of the detailed course outline; (2) a copy of the instructor lecture guidelines; (3) copy of the text and related teaching materials; (4) copy of the final examination; (5) copy of any quizzes; (6) grading system; (7) a copy of affidavits and certificates to be issued by the school, institution or organization upon completion of the course other than that prescribed by the Home Inspection Licensing Board; (8) copy of all proposed advertising and publicity; (9) seminars and indoctrination attended by instructors; (10) locations of all classrooms; and (11) names and addresses of all instructors to be used; and (12) the dollar amount of tuition and other related costs.
(b) No course of less than one (1) hour will be approved.
(c) Correspondence courses may be permitted for continuing education credit.
(d) Each school, institution or organization shall submit an updated course filing containing any changes from the previous offering within each two year period from original approval date. (Added effective July 30, 2002.)
Sec. 20-491-17. Intern training program
The board-approved training program, known as the Home Inspection Intern Training Program, shall consist of a minimum of forty hours of instruction and shall include, but not be limited to, the following subject matter: (1) General home inspection; (2) Connecticut home inspection license law and regulations; (3) specialized areas of home inspection practice; and (4) business law. (Added effective July 30, 2002.)
Sec. 20-491-18. Advertising guidelines
(1) All advertising and written or oral statements shall avoid the use of exaggerated or unprovable claims and misrepresentations. In discussing the student's possible or potential economic future in the field of home inspection, no misleading or deceptive claims shall be made.
(2) In any advertising, no school, institution or organization shall use the wording "Approved by the Home Inspection Licensing Board," or other like wording. The following wording may be used: "This course meets the minimum requirements as set forth by the Home Inspection Licensing Board." (Added effective July 30, 2002.)
Sec. 20-491-19. Affidavit or certificate requirements for pre-licensing courses
No affidavit or certificate of successful completion of an approved pre-licensing course of study in home inspection shall be issued to any student unless said student shall have first attended a minimum of forty hours of instruction and shall have achieved a passing numerical grade of at least seventy per cent on a final examination. Each school, institution or organization shall issue an affidavit to the student in such form as may be adopted by the school, institution or organization attesting to the required minimum attendance, dates of attendance and final numerical grade for the course. Said affidavit shall be signed by an authorized official of the school, institution or organization. (Added effective July 30, 2002.)
Sec. 20-491-20. Course and location approval by the Home Inspection Licensing Board
(a) Each school, institution or organization conducting an approved course shall, at least ten days
prior to the first scheduled session of each course, submit to the Home Inspection Licensing Board a schedule of the dates, hours, locations, tuition fees, advertising and instructors for each course to be offered. No courses shall commence, or be advertised as approved, nor shall an
instructor be used in the classroom, without prior written approval of the Home Inspection Licensing Board. There shall be no change or alteration in any approved course or instructional staff without prior written notice and approval of the Home Inspection Licensing Board. Course approval may be withdrawn for failure to comply with the provisions of sections 20-491-15 through 20-491-26 of the Regulations of Connecticut State Agencies.
(b) Each school, institution or organization shall submit to the Home Inspection Licensing Board for prior approval a listing identifying all locations where courses are offered. Each course of study shall be conducted in a classroom or other facility which is adequate to implement the offering. Approved courses shall not be held on the premises of a home inspection office or home inspection franchise. No classroom location shall be approved by the Home Inspection Licensing Board until it has been approved by the local fire marshal for such use. (Added effective July 30, 2002.)
Sec. 20-491-21. Records
(a) Each school, institution or organization conducting approved courses shall keep and retain complete records of student attendance, grades or evidence of completion for a period of at least three years after the completion of each course. Such records shall be available for inspection or audit by representatives of the Home Inspection Licensing Board or the department. Upon satisfactory completion of any approved course, the school, institution or organization shall furnish a certificate or affidavit, as applicable, to the student, as prescribed by the Home Inspection Licensing Board.
(b) The burden of proof of completion of each course shall be upon the licensee. Documentation of such courses shall be submitted in such manner and at such times as prescribed by the Home Inspection Licensing Board. (Added effective July 30, 2002.)
Sec. 20-491-22. Home Inspection Licensing Board and department audits
The Home Inspection Licensing Board or the department may, without prior notice, visit the school and observe the instruction given to insure proper standards as to method of delivery and instruction and to confirm content of any approved courses. (Added effective July 30, 2002.)
Sec. 20-491-23. Course content
(a) The contents of pre-licensing courses or continuing education programs shall consist of current home inspection licensing laws and practices that are broad-based and essential to the role of a home inspection general practitioner as he or she acts in the best interests of the consumer. The contents shall directly relate to home inspection principles and practices as described in sections 20-491-1 to 20-491-14, inclusive, of the Regulations of Connecticut State Agencies and to any overview text on home inspection principles and practices or to new developments in the fields for which licensees have a demonstrated need.
(b) The home inspector shall take courses consisting of at least twenty continuing education hours in each two year continuing education period. For each two year continuing education period, the following course shall be mandated: One course consisting of at least three classroom hours in current home inspection legislation, licensing laws and regulations.
(c) The Home Inspection Licensing Board shall not approve offerings in mechanical office and business skills such as typing, speed-reading, memory development, personal motivation,salesmanship, sales psychology, sales promotions or other meetings held in conjunction with the general business of a home inspector. Generally acceptable courses may include, but shall not be limited to:
(1) Laws and regulations pertaining to the home inspection licensing profession;
(2) structural systems;
(3) foundations;
(4) interior walls, doors, ceilings and floors;
(5) exterior walls and doors, windows and door glazing;
(6) fireplace and chimney;
(7) roof, roof structure and attic;
(8) porches and decks;
(9) mechanical systems (heating, cooling and solar work);
(10) inspection guidelines for appliances;
(11) inspection guidelines for cooling systems other than evaporative coolers;
(12) inspection guidelines for evaporative coolers;
(13) inspection guidelines for heating systems;
(14) inspection guidelines for ducts, vents (including dryer vents) and flues;
(15) plumbing systems (drain, waste, vent, water and gas);
(16) inspection guidelines for plumbing systems;
(17) electrical systems (for heat, light, power and other purposes);
(18) telecommunications, data, low voltage systems;
(19) service entrance and panels;
(20) branch circuits, connected devices and fixtures;
(21) home inspection documents, forms, contracts and warrantees;
(22) water supply (drilled wells/community water supplies);
(23) fire protection sprinkler systems;
(24) rodents, pests and insects; and
(25) environmental contaminants, such as radon, asbestos, lead paint, or lead solder, and other related courses which may be acceptable to the Home Inspection Licensing Board.
(d) Courses completed prior to certification by the Home Inspection Licensing Board may not qualify for continuing education hours.
(e) Continuing education hour credits shall not be approved more than once for completing the same course within each two year continuing education period. (Added effective July 30, 2002.)
Sec. 20-491-24. Hardship
(a) Upon appropriate showing of a bona fide health or other individual hardship, the Home Inspection Licensing Board may grant an exception to the continuing education requirements.
(b) Loss of income resulting from cancellation of a license is not a bona fide hardship.
(c) Requests for exceptions shall be submitted in writing not less than sixty days prior to the date of license renewal and shall include an explanation and verification of the hardship.
(d) Exceptions may include, but are not be limited to: (1) Individuals serving in military service;
and (2) individuals who are physically handicapped, which handicap prohibits them from sitting for an exam or attending courses. (Added effective July 30, 2002.)
Sec. 20-491-25. Hearings on refusal of school or course approval
(a) Upon the refusal of the Home Inspection Licensing Board to approve a school, institution or organization for the offering of continuing education courses or a particular course, or upon the decision of the Home Inspection Licensing Board to withdraw such approval, the Home Inspection Licensing Board shall notify the applicant of the refusal and of such applicant's right to request a hearing within thirty days from the date of receipt of the notice of refusal.
(b) In the event the applicant requests a hearing within such thirty days, the Home Inspection Licensing Board shall give notice of the grounds for its refusal and shall conduct a hearing concerning such refusal in accordance with the provisions of Chapter 54 [FN1] of the Connecticut General Statutes concerning contested matters. (Added effective July 30, 2002.)
[FN1] C.G.S.A. § 4-166 et seq.
Sec. 20-491-26. Applications
The applications for licensure, school approval and pre-licensing courses shall be made on forms prescribed and furnished by the Department of Consumer Protection. (Added effective July 30, 2002.)
Sec. 20-491-27. Home inspector intern requirements
(a) No more than two home inspector interns may be under the direct or indirect supervision of a licensed home inspector at any one site.
(b) All home inspector interns shall maintain a record in the form of a home inspection log prior to beginning and until completion of their service contract with each supervising home inspector.
(c) A copy of the home inspection log maintained by the intern shall also be kept by the supervising home inspector and shall, at a minimum, include the following information for each
inspection: (1) Client name; (2) address of the property inspected; (3) description of the areas inspected; (4) indication of whether the supervision was either direct or indirect in nature; (5) date of the inspection; and (6) supervisor's initials and license number. (Added effective February 1, 2006.)
Sec. 20-491-28. Supervision of home inspector interns
(a) While performing inspection work, all home inspector interns shall be subject to supervision by a home inspector licensed pursuant to section 20- 492a of the Connecticut General Statutes.
(b) The supervising licensed home inspector shall be responsible for the direct supervision of at least ten of the intern's home inspections.
(c) "Direct supervision" means the supervising licensed home inspector must be physically present and witness the home inspector intern conducting the home inspection in accordance with subsection (c) of section 20-493b of the Connecticut General Statutes.
(d) No more than one home inspector intern may be present during the direct supervision requirement period at any one site.
(e) Only one intern may receive credit towards the one hundred inspections requirement for any home inspection conducted at any one site.
(f) The supervising licensed home inspector shall:
(1) Accept legal responsibility for all home inspection work performed by such intern, including all resulting written inspection reports, inspection review reports, consulting reports and work product by signing and certifying that each report has been reviewed and is in compliance with sections 20-491-1 to 20-491-28 of the Regulations of Connecticut State Agencies;
(2) Review all aspects of the home inspector intern's inspection reports, inspection review reports, consulting reports, or work product;
(3) Inspect each residential property with the home inspector intern until completion of the ten home inspections required to be directly supervised have been completed in accordance with the competency provision of sections 20- 491-1 to 20-491-28 of the Regulations of Connecticut State Agencies;
(4) Sign the home inspection log at the completion of each inspection performed by the home inspection intern;
(5) Maintain a separate copy of each home inspection log completed by each home inspector intern;
(6) Provide, upon request, the home inspector intern with copies of the inspection reports that the home inspector intern prepared;
(7) Sign a notification to the Board of the supervision of the home inspector intern. By signing the notification of supervision, the licensed home inspector agrees to assume the responsibilities and duties of a supervising home inspector as provided in chapter 400f of the Connecticut General Statutes and sections 20-491-1 to 20-491-28, inclusive, of the Regulations of Connecticut State Agencies; and (8) Cooperate with the department regarding matters related to all regulated activities.
(Added effective February 1, 2006.)
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