PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-12-089.
Title of Rule and Other Identifying Information: "Marketing materials" any marketing materials used by home inspectors may not be misleading when describing the inspector's qualifications. Any copy that describes an inspector as "certified" must be accompanied by language that clarifies what professional organization or franchise granted that certification. The Washington home inspector licensing advisory board is the only home inspector board recognized by the director, and does not certify home inspectors. Language that leads the public to believe an inspector is in any way certified or endorsed by the state of Washington or the home inspector licensing advisory board shall not be used, and the term "board certified home inspector" is expressly prohibited.
Hearing Location(s): 2000 4th Avenue West, 2nd Floor Conference Room, Olympia, WA 98507, on October 26, 2010, at 10:00 a.m.
Date of Intended Adoption: October 26, 2010.
Submit Written Comments to: Rhonda Myers, 2000 4th Avenue West, e-mail rmyers@dol.wa.gov, fax (360) 586-0998, by October 25, 2010.
Assistance for Persons with Disabilities: Contact Sally Adams by October 9, 2010, TTY (360) 664-0116 or (360) 664-6526.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will create clarification in the use of the "certified" for marketing materials used by home inspectors, and provide additional clarification for the public when they are working with home inspectors.
Reasons Supporting Proposal: This will allow clarification of the term "certified" for home inspectors.
Statutory Authority for Adoption: RCW 18.280.050.
Statute Being Implemented: RCW 18.280.060.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rhonda Myers, 2000 4th Avenue West, Olympia, WA 98507, (360) 664-6497.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rule is for individual licensees and not small business enterprises.
A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is not one [of] the named agencies under this RCW.
September 22, 2010
Walt Fahrer
Rules Coordinator
OTS-3490.2
AMENDATORY SECTION(Amending WSR 09-13-001, filed 6/3/09,
effective 7/4/09)
WAC 308-408-010
Words and terms.
Words and terms used
in these rules shall have the same meaning as each has under
chapter 18.280 RCW unless otherwise clearly provided in these
rules, or the context in which they are used in these rules
clearly indicates that they be given some other meaning.
(1) "Classroom" means training that takes place in a setting where individuals receiving training are assembled together and learn through lectures, study papers, class discussion, textbook study, or other means of organized formal education techniques, such as video, closed circuit, or other forms of electronic means.
(2) "Comment" means the act of stating one's observations clearly in the report.
(3) "Describe" means the act of stating one's observations clearly in the report.
(4) "Distance education" means a delivery method in which instruction takes place in other than a live classroom setting, the instructor and the student are in physically separate locations, and interactive instructional methods such as video-based instruction, computer conferencing, video conferencing, interactive audio, interactive computer software, correspondence or internet-based instruction are used.
(5) "Enter" means to physically go into an attic, crawlspace, or other area. Simply sticking one's head and shoulders into these areas is not entering.
(6) "Field training" ((is in)) means an addition to the
one hundred twenty hours of classroom instruction and shall be
done on actual inspection sites. Field training must include
forty hours of instruction with a minimum of five actual
complete home inspections done to the standards of practice
under the supervision of an experienced inspector. The
applicant will be required to complete written reports for
each inspection and the supervisor will review the reports and
certify that they are in full compliance with the standards of
practice. The forty hours of supervised instruction will not
include travel time to and from inspection, meals, and report
writing time. Instructors providing the forty hours of field
training must meet the following requirements:
(a) Be a Washington state licensed home inspector.
(b) Have completed a minimum of five hundred fee-paid home inspections.
(c) Have a minimum of five years experience in the home inspection profession.
Field training shall not exceed a maximum of five students per instructor and may not exceed one student per instructor if the training is performed on a fee-paid standard home inspection.
(7) "Interactive" means the course structure and technologies promote active student involvement with the course content, including the ability to:
(a) Access or bypass optional content, if applicable;
(b) Submit questions or answer test items, and receive direct feedback; and
(c) Communicate with the instructor and/or other students on an immediate or reasonably delayed basis.
Interactive instruction specifically excludes courses that only provide passive delivery of instructional content.
(8) "Passive" means there is no required or actual interaction or feedback between the student and instructor.
(9) "Preinspection agreement" ((is)) means a written
contract signed by the client that outlines the standards and
work to be performed by the home inspector.
(10) "Preoffer consultation" ((is)) means a verbal report
that is limited in scope performed by a licensed home
inspector. A preinspection agreement must be signed by the
client and describe the limited scope of the consultation. This preoffer consultation is conducted only prior to mutual
acceptance.
(11) "Readily accessible" means available for visual inspection without requiring moving personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property.
(12) "Record" means the act of stating one's observations clearly in the report.
(13) "Report" means the act of stating one's observations clearly in the report.
(14) "Standard home inspection" ((is)) means a prelisting
or presale written report that contains all or most of the
components listed in the standards of practice. The
components must be listed in the preinspection agreement.
This standard home inspection report cannot be delivered
verbally and must be in writing.
(15) "Technically exhaustive" ((is)) means an
investigation that involves dismantling, the extensive use of
advanced techniques, measurements, instruments, testing,
calculations or other means.
(16) "Traverse" means the act of physically moving through a crawlspace or attic or over the surface of a roof during an inspection when it is safe to do so.
(17) "Marketing materials" means any marketing materials used by home inspectors may not be misleading when describing the inspector's qualifications. Any copy that describes an inspector as "certified" must be accompanied by language that clarifies what professional organization or franchise granted that certification. The Washington home inspector licensing advisory board is the only home inspector board recognized by the director, and does not certify home inspectors. Language that leads the public to believe an inspector is in any way certified or endorsed by the state of Washington or the home inspector licensing advisory board shall not be used, and the term "board certified home inspector" is expressly prohibited.
[Statutory Authority: RCW 18.280.050 and 18.280. [18.280.060](6). 09-13-001, § 308-408-010, filed 6/3/09, effective 7/4/09.]