BILL REQ. #: S-3970.1
| State of Washington | 59th Legislature | 2006 Regular Session |
Read first time 01/09/2006. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to home inspectors; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 In order to safeguard life, health, and
property, and to promote the public welfare, any person in either
public or private capacity practicing or offering to practice home
inspecting, is required to submit evidence that he or she is qualified
to practice and must be certified as provided in this chapter. It is
unlawful for any person to practice or to offer to practice home
inspections in this state, or to use in connection with the person's
name or otherwise assume, use, or advertise any title or description
tending to convey the impression that the person is a home inspector,
unless the person has been duly registered under the provisions of this
chapter.
NEW SECTION. Sec. 2 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Applicant" means an individual who applies for registration as
a home inspector.
(2) "Board" means the state board of registration for home
inspectors, created in section 12 of this act.
(3) "Continuing education" means education provided by the board or
board-approved providers that is obtained by a registered home
inspector in order to maintain, improve, or expand the home inspector's
skills and knowledge.
(4) "Department" means the department of licensing.
(5) "Director" means the director of the department.
(6) "Home inspector" means an individual who conducts home
inspections for compensation.
(7) "Home inspection" means a visual analysis for the purpose of
providing a professional opinion of the condition of a residential
dwelling and the dwelling's carports or garages, any reasonably
accessible installed components, and the operation of the dwelling's
systems, including any controls normally operated by the owner of the
dwelling for the following components:
(a) Heating systems;
(b) Cooling systems;
(c) Electrical systems;
(d) Plumbing systems;
(e) Structural components;
(f) Foundations;
(g) Roof coverings;
(h) Exterior and interior components;
(i) Any other site aspects that affect the residential dwelling.
The term does not include a code compliance inspection.
NEW SECTION. Sec. 3 (1) No person may engage in or offer to
engage in the trade of home inspection for compensation without having
a certificate of registration.
(2) The department may adopt rules for the suspension or permanent
revocation of a home inspector's certificate of registration for
violation of this chapter.
NEW SECTION. Sec. 4 (1) Applications for certification of
registration under this section made on or before January 1, 2008, will
be approved without meeting the requirements of section 5 of this act,
if the applicant has performed more than two hundred fifty inspections
prior to December 31, 2007, and on or before January 1, 2008, has
passed the national home inspector exam.
(2) This chapter does not apply to:
(a) Architects licensed under chapter 18.08 or 18.96 RCW;
(b) Engineers licensed under chapter 18.43 RCW;
(c) Plumbing contractors or journeyman plumbers licensed under
chapter 18.106 RCW;
(d) Contractors who are contracting for work on his or her own
residence;
(e) Real estate appraisers certified under chapter 18.140 RCW;
(f) Real estate brokers and salespersons licensed under chapter
18.85 RCW;
(g) Structural pest inspectors licensed under chapter 15.58 RCW;
(h) An individual acting within the scope of the individual's
employment as:
(i) A representative of a state or local housing agency or
authority acting under the authority of the United States department of
housing and urban development; or
(ii) A code enforcement official for a state or local government;
(i) The practice of any other legally recognized profession or
trade; or
(j) The practice of a person who is not a resident of the state and
has no established place of business in this state, practicing or
offering to practice home inspections in the state, when such practice
does not exceed in the aggregate more than thirty days in any calendar
year. However, the board must have determined that the person is
legally qualified by registration to practice home inspections in his
or her own state or country in which the requirements and
qualifications for obtaining a certificate of registration are not
lower than those specified in this chapter. The person can request
such a determination by completing an application prescribed by the
board and accompanied by a fee determined by the director. Upon
approval of the application, the board must issue a permit authorizing
the temporary practice.
NEW SECTION. Sec. 5 (1) The board must prepare a written
training course to be administered to applicants for a certificate of
registration. The training course must be constructed to determine
whether the applicant:
(a) Possesses general knowledge of the technical information and
practical procedures that are necessary for home inspection; and
(b) Is familiar with the local government regulations as related to
home inspections.
(2) In development of the training course, the board must require
at a minimum the following:
(a) One hundred sixty hours of training;
(b) A combination of classroom education and field training, where
seventy-five percent of the applicant's time is spent in classroom
education and twenty-five percent in field training.
(3) In development of the training course, the board must review
the standards of practice and code of ethics of the American society of
home inspectors and incorporate into the training course any portions
that are determined by the board to be applicable.
(4) The board must develop and implement procedures for approving
training courses offered by an entity other than the board. Only
board-approved training courses meet the requirements of this section.
(5) An applicant must successfully complete a written training
course that meets the requirements of this section and that is either
offered or approved by the board in order for the applicant to be
eligible for a certificate of registration with the department as a
home inspector.
NEW SECTION. Sec. 6 Applicants for a certificate of registration
must successfully pass the national home inspector examination offered
by the examination board of professional home inspectors. An applicant
must submit documentation evidencing a passing score on the examination
to the department, prior to being issued a certificate of registration.
NEW SECTION. Sec. 7 (1) The board must develop a curriculum for
continuing education courses to be offered to home inspectors,
registered under this chapter, that requires a minimum of twenty-four
hours of training per year. In developing the continuing education
curriculum, the board must:
(a) Set criteria for the course content, which must include review
of any provisions of the standards of practice and code of ethics of
the American society of home inspectors that the board determines to be
applicable;
(b) Adopt standards for distribution of annual continuing education
credit requirements; and
(c) Develop and implement procedures for approving continuing
education credit courses offered by an entity other than the board.
(2) Only continuing education credits offered or approved by the
board satisfy the requirements of this chapter.
(3) In order to be eligible to renew a certificate of registration,
all applicants must satisfy the continuing education requirements
established by the board under this chapter.
NEW SECTION. Sec. 8 Rules for determining and evaluating the
need for reciprocity of certification of registration must be adopted
by the department for applicants practicing and residing outside of
Washington state.
NEW SECTION. Sec. 9 The board may, upon application and the
payment of a fee determined by the director as provided in RCW
43.24.086, issue a certificate of registration without further
examination as a home inspector to any person who holds a certificate
of qualification of registration issued to the applicant following
examination by the proper authority, of any state or territory or
possession of the United States, the District of Columbia, or of any
foreign country, provided that: (1) The applicant's qualifications
meet the requirements of this chapter and the rules established by the
board; and (2) the applicant is in good standing with the licensing
agency in the state, territory, possession, district, or foreign
country.
NEW SECTION. Sec. 10 (1) After obtaining a certificate of
registration as provided in this chapter, the certificate of
registration expires at the end of three years from the initial issue
date, unless the applicant meets the requirements for continuing
education in subsection (2) of this section.
(2) Every person engaging or offering to engage in the trade of
home inspecting, as a prerequisite to renewal of a certificate of
registration, must submit to the department at the time of application
satisfactory proof showing attendance of at least twenty-four hours per
year during the preceding credential period at continuing education
courses that are recognized and approved by the board.
NEW SECTION. Sec. 11 (1) The department shall administer and
enforce this chapter on the advice and recommendations from the board.
(2) The department must adopt rules to implement the issuance of
certificates of registration under this chapter.
(3) The board must adopt rules that are reasonably necessary or
appropriate for the administration of the education requirements under
this chapter, establishing:
(a) Standards for the competent performance of home inspections;
(b) A code of ethics for licensed home inspectors; and
(c) Standards for home inspection reports prepared by registered
home inspectors.
NEW SECTION. Sec. 12 (1) The state board of registration for
home inspectors is created. The board must exercise all of the powers
and perform all of the duties conferred upon it by this chapter. The
board consists of nine members, appointed by the state board for
community and technical colleges and must have the qualifications as
required under subsection (2) of this section. The first additional
member must be appointed for a four-year term and the second additional
member must be appointed for a three-year term. On the expiration of
the term of any member, the state board for community and technical
colleges must appoint a successor for a term of five years to take the
place of the member whose term on the board is about to expire.
However, no member may serve more than two consecutive terms on the
board. Each member must hold office until the expiration of the term
for which the member is appointed or until a successor has been duly
appointed and qualified.
(2) The nine members of the board are as follows: Prior to January
1, 2008, two members of the board must have been actively engaged in
the practice of home inspecting for at least ten years subsequent to
appointment to the board. After January 1, 2008, at least two members
must be registered home inspectors as provided in this chapter; four
members must be teachers and administrators from the community and
technical colleges of Washington state; one member must be a real
estate appraiser licensed under chapter 18.140 RCW; one member must be
a real estate broker licensed under chapter 18.85 RCW; and one member
must be a civil/structural engineer licensed under chapter 18.43 RCW,
who has at least five years of experience working with residential
properties.
(3) Each member of the board must be a citizen of the United States
and must have been a resident of this state for at least five years
immediately preceding his or her appointment.
(4) Each member of the board must be compensated in accordance with
RCW 43.03.240 and, in addition thereto, must be reimbursed for travel
expenses incurred in carrying out the provisions of this chapter in
accordance with RCW 43.03.050 and 43.03.060.
(5) The state board for community and technical colleges may remove
any member of the board for misconduct, incompetence, or neglect of
duty. Vacancies in the membership of the board must be filled for the
unexpired term by appointment by the state board for community and
technical colleges.
NEW SECTION. Sec. 13 Upon request of the board, and with
approval of the director, the chair of the board shall appoint up to
two individuals to serve as pro tem members of the board. The
appointments are limited, as defined by the chair of the board, for the
purpose of participating as a temporary member of the board on any
combination of one or more committees or formal disciplinary hearing
panels. An appointed individual must meet the same qualifications as
a regular member of the board. While serving as a board member pro
tem, an appointed person has all the powers, duties, and immunities of
a regular member of the board and is entitled to the same compensation,
including travel expenses, in accordance with section 12 of this act.
A pro tem appointment may not last for more than one hundred eighty
days unless approved by the director.
NEW SECTION. Sec. 14 The board may adopt and amend bylaws
establishing its organization and method of operation, including but
not limited to meetings, maintenance of books and records, publication
of reports, code of ethics, and rosters, and adoption and use of a
seal. Five members of the board shall constitute a quorum for the
conduct of any business of the board. The board may employ such
persons as are necessary to carry out its duties under this chapter.
It may adopt rules reasonably necessary to administer the provisions of
this chapter. The board shall submit to the state board for community
and technical colleges periodic reports as may be required. A roster,
showing the names and places of business of all registered home
inspectors may be published for distribution, upon request, to home
inspectors registered under this chapter and to the public.
NEW SECTION. Sec. 15 No person is eligible for a certificate of
registration under this chapter who is not of good character and
reputation.
Any person having the necessary qualifications prescribed in this
chapter to entitle him or her to a certificate of registration is
eligible for such a registration.
NEW SECTION. Sec. 16 Application for a certificate of
registration must be on forms prescribed by the board and furnished by
the director, must contain statements made under oath, showing the
applicant's education and detail summary of his or her technical work,
and must contain not less than three references, of whom one or more
must have personal knowledge of the applicant's home inspection
experience.
The registration fee for home inspectors must be determined by the
director as provided in RCW 43.24.086, which must accompany the
application and must include the cost of examination and issuance of a
certificate of registration.
Should the board find an applicant ineligible for a certificate of
registration, the registration fee is retained as an application fee.
NEW SECTION. Sec. 17 The director must issue a certificate of
registration upon payment of a fee as provided for in this chapter, to
any applicant who, in the opinion of the board, has satisfactorily met
all the requirements of this chapter.
All certificates of registration must show the full name of the
registrant, must have a serial number, and must be signed by the chair
and the secretary of the board and by the director.
The issuance of a certificate of registration by the director is
prima facie evidence that the person named therein is entitled to all
the rights and privileges of a registered home inspector, while the
certificate remains unrevoked and unexpired.
Upon registration each certified home inspector must obtain a seal
of the design authorized by the board, bearing the registered home
inspector's name and the legend "registered home inspector." Such
signature and stamping constitutes verification by the registered home
inspector that the same was prepared by or under his or her direct
supervision and that to his or her knowledge and belief the same was
prepared in accordance with the requirements of this chapter. It is
unlawful for anyone to stamp or seal any document with a seal or
facsimile thereof after the registered home inspector named thereon has
expired or been revoked, unless the certificate of registration is
renewed or reissued.
NEW SECTION. Sec. 18 The board may adopt rules under this
section authorizing a retired status registration. An individual
registered under this chapter who has reached the age of sixty-five
years and has retired from the active practice of home inspecting may,
upon application and at the discretion of the board, be exempted from
payment of annual renewal fees thereafter.
NEW SECTION. Sec. 19 (1) Registration and renewals thereof,
expire on the last day of the month of December following their
issuance or renewal and become invalid on that date unless renewed. It
is the duty of the administrator of the division of professional
licensing to notify every person, firm, or corporation registered under
this chapter of the date of the expiration of his or her certificate of
registration and the amount of the renewal fee that is required for its
renewal for one year. The notice must be mailed at least thirty days
before the end of December of each year. Renewal may be effected
during the month of December by the payment of a fee determined by the
director as provided in RCW 43.24.086. In case any home inspector
registered under this chapter fails to pay the renewal fee provided for
in this chapter, within ninety days from the date when the fee becomes
due, the renewal fee will be the current fee plus an amount equal to
one year's fee.
(2) Beginning January 1, 2008, the department may not renew a home
inspector's registration unless the home inspector verifies to the
board that he or she has completed at least twenty-four hours of
continuing professional education per year of the registration period.
By July 1, 2006, the board must adopt rules governing continuing
education for home inspectors.
NEW SECTION. Sec. 20 In addition to the unprofessional conduct
described in RCW 18.235.130, the board may take disciplinary action for
the following conduct, acts, or conditions:
(1) Offering to pay, paying, or accepting, either directly or
indirectly, any substantial gift, bribe, or other consideration to
influence the award of professional work;
(2) Being willfully untruthful or deceptive in any professional
report, statement, or testimony;
(3) Attempting to injure falsely or maliciously, directly or
indirectly, the professional reputation, prospects, or business of
anyone;
(4) Violation of any provisions of this chapter;
(5) Nondisclosure -- Failure to promptly disclose to a client or
employer any interest in a business which may compete with or affect
the business of the client or employer;
(6) Improper advertising -- Soliciting retainer or employment by
advertisement which is undignified, self-laudatory, false, or
misleading;
(7) Committing any other act, or failing to act, which act or
failure are customarily regarded as being contrary to the accepted
professional conduct or standard generally expected of those practicing
home inspections.
NEW SECTION. Sec. 21 (1) Any person may file a complaint
alleging unprofessional conduct, as set out in RCW 18.235.130 and
section 20 of this act, against any registrant. The complaint must be
in writing and must be sworn to in writing by the person making the
allegation. A registrant against whom a complaint was made must be
immediately informed of such a complaint by the board.
(2) The board, for reasons it deems sufficient, may reissue a
certificate of registration to any person whose certificate has been
revoked or suspended, providing a majority of the board vote in favor
of such issuance. A new certificate of registration to replace any
certificate revoked, lost, destroyed, or mutilated may be issued,
subject to the rules of the department, and a charge determined by the
director as provided in RCW 43.24.086 will be made for such issuance.
In addition to the imposition of disciplinary action under RCW
18.235.110, the board and/or department may refer violations of this
chapter to the appropriate prosecuting attorney.
NEW SECTION. Sec. 22 Any person who engages in, or offers to
engage in, home inspections in this state without being registered in
accordance with this chapter, or any person presenting or attempting to
use as his or her own the certificate of registration or the seal of
another, or any person who gives any false or forged evidence of any
kind to the board or to any member thereof in obtaining a certificate
of registration, or any person who falsely impersonates any other
registrant, or any person who attempts to use the expired or revoked
certificate of registration, or any person who violates any of the
provisions of this chapter is guilty of a gross misdemeanor.
It is the duty of all officers of the state or any political
subdivision thereof, to enforce the provisions of this chapter. The
attorney general shall act as legal adviser of the board, and render
such legal assistance as may be necessary in carrying out the
provisions of this chapter.
NEW SECTION. Sec. 23 The home inspectors' account is created in
the custody of the state treasurer. All receipts from fees and fines
collected under this chapter must be deposited into the account.
Expenditures from the account may be used only for the purposes of this
chapter. Only the director or the director's designee may authorize
expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
NEW SECTION. Sec. 24 The uniform regulation of business and
professions act, chapter 18.235 RCW, governs unregistered practice, the
issuance and denial of certificates of registration, and the discipline
of registrants under this chapter.
NEW SECTION. Sec. 25 This chapter may be known and cited as the
home inspectors' registration act.
NEW SECTION. Sec. 26 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 27 This act takes effect July 1, 2006.
NEW SECTION. Sec. 28 Sections 1 through 27 of this act
constitute a new chapter in Title