BILL REQ. #: S-3916.2
| State of Washington | 60th Legislature | 2008 Regular Session |
Read first time 01/18/08. Referred to Committee on Labor, Commerce, Research & Development.
AN ACT Relating to the licensing of home inspectors; adding a new chapter to Title 18 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
(1) "Board" means the home inspector advisory licensing board.
(2) "Department" means the department of licensing.
(3) "Director" means the director of the department of licensing.
(4) "Entity" or "entities" means educational groups or
organizations, national organizations or associations, or a national
test organization.
(5) "Home inspection" means a professional examination of the
current condition of a house.
(6) "Home inspector" means a person who carries out a noninvasive
examination of the condition of a home, often in connection with the
sale of that home, using special equipment and training to carry out
the inspection.
(7) "Report" means a written report prepared and issued after a
home inspection.
(8) "Wood destroying organism" means insects or fungi that consume,
excavate, develop in, or otherwise modify the integrity of wood or wood
products. "Wood destroying organism" includes but is not limited to
carpenter ants, moisture ants, subterranean termites, dampwood
termites, beetles in the family Anobiidae, and wood decay fungi, known
as wood rot.
NEW SECTION. Sec. 2 LICENSURE REQUIRED. (1) Beginning September
1, 2009, a person shall not engage in or conduct, or advertise or hold
himself or herself out as engaging in or conducting, the business of or
acting in the capacity of a home inspector within this state without
first obtaining a license as provided in this chapter.
(2) Any person performing the duties of a home inspector on the
effective date of this section has two years within which to meet the
licensing requirements of this chapter.
NEW SECTION. Sec. 3 DUTIES OF A LICENSED HOME INSPECTOR. A
person licensed under this chapter is responsible for inspecting the
following items and reporting on the condition of those items in his or
her report: The roof, the basement, the heating system, the water
heater, the air-conditioning system, the home's structure, the
plumbing, the electrical, and other aspects of the home looking for
improper building practices, those items that require extensive repair,
and items that are general maintenance issues, as well as fire, safety,
and health hazards. The duties of the home inspector with regard to
wood destroying organisms are provided in section 19 of this act.
NEW SECTION. Sec. 4 HOME INSPECTOR ADVISORY LICENSING BOARD.
(1) The state home inspector advisory licensing board is created. The
board consists of six members appointed by the governor, who shall
advise the director concerning the administration of this chapter. Of
the appointments to this board, five must be actively engaged as home
inspectors immediately prior to their appointment to the board, and one
must be currently teaching in a home inspector certificate program.
Insofar as possible, the composition of the appointed home inspector
members of the board must be generally representative of the geographic
distribution of home inspectors licensed under this chapter. No more
than one board member may be a member of a particular national home
inspector association or organization.
(2) A home inspector must have the following qualifications to be
appointed to the board:
(a) Actively engaged as a home inspector in the state of Washington
for five years;
(b) Licensed as a home inspector under this chapter; and
(c) Performed a minimum of three hundred fifty home inspections in
the state of Washington.
(3) Members of the board are appointed for three-year terms. Terms
must be staggered so that not more than two appointments are scheduled
to be made in any calendar year. Members hold office until the
expiration of the terms for which they were appointed. The governor
may remove a board member for just cause. The governor may appoint a
new member to fill a vacancy on the board for the remainder of the
unexpired term. All board members are limited to two consecutive
terms.
(4) Each board member is entitled to compensation for each day
spent conducting official business and to reimbursement for travel
expenses in accordance with RCW 43.03.240, 43.03.050, and 43.03.060.
NEW SECTION. Sec. 5 DIRECTOR'S AUTHORITY. (1) The director has
the following authority in administering this chapter:
(a) To adopt, amend, and rescind rules approved by the board as
deemed necessary to carry out this chapter;
(b) To adopt fees as provided in RCW 43.24.086;
(c) To administer licensing examinations approved by the board and
to adopt or recognize examinations prepared by other entities as
approved by the board; and
(d) To adopt standards of professional conduct, practice, and
ethics as approved by the board.
(2) In the event of a stalemate by the board, the director has the
authority to provide the deciding vote.
NEW SECTION. Sec. 6 BOARD'S AUTHORITY. The board has the
following authority in administering this chapter:
(1) To establish rules, including board organization and assignment
of terms, and meeting frequency and timing, for adoption by the
director;
(2) To establish the minimum qualifications for licensing
applicants as provided in this chapter;
(3) To approve the method of administration of examinations
required by this chapter or by rule as established by the director;
(4) To approve the content of or recognition of examinations
prepared by other entities for adoption by the director;
(5) To set the time and place of examinations with the approval of
the director; and
(6) To establish and review standards of professional conduct,
practice, and ethics for adoption by the director.
NEW SECTION. Sec. 7 QUALIFICATIONS FOR LICENSURE. In order to
become licensed as a home inspector, an applicant must submit the
following to the department:
(1) An application on a form developed by the department;
(2) The fee in an amount set by the department and approved by the
board;
(3) Proof of a minimum of one hundred twenty hours of classroom
instruction approved by the board;
(4) Proof of up to forty hours of field training supervised by a
licensed home inspector; and
(5) Evidence of successful passage of the written exam as required
in section 8 of this act.
NEW SECTION. Sec. 8 WRITTEN EXAMS. Applicants for licensure
must pass an exam that is psychometrically valid, reliable, and legally
defensible by the state. The exam is to be developed, maintained, and
administered by the department. The board shall recommend to the
director whether to use an exam that is prepared by a national entity.
If an exam prepared by a national entity is used, a section specific to
Washington shall be developed by the director and included as part of
the entire exam.
NEW SECTION. Sec. 9 LICENSE LENGTH AND RENEWAL. (1) Licenses
are issued for a term of two years and expire on the last day of the
month the license was issued.
(2) The director, with the assistance of the board, shall set the
expiration and renewal cycles of the license.
(3) The director may charge a fee for initial and renewal licenses
under RCW 43.24.086.
NEW SECTION. Sec. 10 ADVERTISING. The term "licensed home
inspector" and the license number of the inspector must appear on all
advertising, correspondence, and documents incidental to a home
inspection.
NEW SECTION. Sec. 11 CONTINUING EDUCATION REQUIREMENTS. (1) As
a condition of renewing a license under this chapter, a licensed home
inspector shall present satisfactory evidence to the board of having
completed the continuing education requirements provided for in this
section.
(2) Each applicant for license renewal shall complete at least
twenty-four hours of instruction in courses approved by the board every
two years.
NEW SECTION. Sec. 12 WRITTEN REPORTS. (1) A licensed home
inspector shall provide a written report of the home inspection to each
person for whom the inspector performs a home inspection within a time
period set by the board in rule. The issues to be addressed in the
report shall be set by the board in rule.
(2) A licensed home inspector shall not, from the time of the
inspection until one year from the date of the report, perform any work
other than home inspection-related consultation on the home upon which
he or she has performed a home inspection.
NEW SECTION. Sec. 13 HOME INSPECTOR'S ACCOUNT. The home
inspector's account is created in the custody of the state treasurer.
All receipts from fines and fees collected under this chapter must be
deposited into the account. Expenditures from the account may be used
only to carry out the duties required for the operation and enforcement
of this chapter. Only the director may authorize expenditures from the
account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not necessary.
NEW SECTION. Sec. 14 SUSPENSION OF LICENSE. (1) The director
shall immediately suspend the license of a person who has been
certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a child
support order. If the person has continued to meet all other
requirements for a license under this chapter during the suspension,
reissuance of the license is automatic upon the board's receipt of a
release issued by the department of social and health services stating
that the licensee is in compliance with the child support order. The
procedure in RCW 74.20A.320 is the exclusive administrative remedy for
contesting the establishment of noncompliance with a child support
order, and suspension of a license under this subsection, and satisfies
the requirements of RCW 34.05.422.
(2) The director, with the assistance of the board, shall establish
by rule under what circumstances a home inspector license may be
suspended or revoked. These circumstances shall be based upon accepted
industry standards and the board's cumulative experience.
(3) Any person aggrieved by a decision of the director under this
section may appeal the decision as provided in chapter 34.05 RCW.
NEW SECTION. Sec. 15 CIVIL INFRACTIONS. The department has the
authority to issue civil infractions under chapter 7.80 RCW in the
following instances:
(1) Conducting or offering to conduct a home inspection without
being licensed in accordance with this chapter;
(2) Presenting or attempting to use as his or her own the home
inspector license of another;
(3) Giving any false or forged evidence of any kind to the director
or his or her authorized representative in obtaining a license;
(4) Falsely impersonating any other licensee; or
(5) Attempting to use an expired or revoked license.
All fees, fines, and penalties collected or assessed by a court
because of a violation of this section must be remitted to the
department to be deposited into the home inspector's account created in
section 13 of this act.
NEW SECTION. Sec. 16 RELIEF BY INJUNCTION. The director is
authorized to apply for relief by injunction without bond, to restrain
a person from the commission of any act that is prohibited under
section 15 of this act. In such a proceeding, it is not necessary to
allege or prove either that an adequate remedy at law does not exist,
or that substantial or irreparable damage would result from continued
violation. The director, individuals acting on the director's behalf,
and members of the board are immune from suit in any action, civil or
criminal, based on disciplinary proceedings or other official acts
performed in the course of their duties in the administration and
enforcement of this chapter.
NEW SECTION. Sec. 17 EXEMPTION FROM LICENSING. The following
persons are exempt from the licensing requirements of this chapter as
long as they are acting within the scope of their license or profession
at the time the home inspection is conducted:
(1) Engineers;
(2) Architects;
(3) Electricians licensed under chapter 19.28 RCW;
(4) Plumbers licensed under chapter 18.106 RCW;
(5) Pest control operators licensed under chapter 15.58 RCW; or
(6) Structural pest inspectors licensed under chapter 15.58 RCW.
NEW SECTION. Sec. 18 RECIPROCITY. Persons licensed as home
inspectors in other states may become licensed as home inspectors under
this chapter as long as the other state has licensing requirements that
meet or exceed those required under this chapter and the person seeking
a license under this chapter passes the Washington portion of the exam
under section 8 of this act.
NEW SECTION. Sec. 19 STRUCTURAL PEST INSPECTOR. Any person
licensed under this chapter who is not also licensed as a pest
inspector under chapter 15.58 RCW shall only refer in his or her report
to conducive conditions for wood destroying organisms or rot and shall
refer the care of such conditions to a structural pest inspector
licensed under chapter 15.58 RCW.
NEW SECTION. Sec. 20 REAL ESTATE AGENT/HOME INSPECTOR
RELATIONSHIP. Any real estate agent providing a potential home buyer
with the names of home inspectors must provide the buyer with at least
three names of home inspectors each of which must work independently of
the other.
NEW SECTION. Sec. 21 Captions used in this chapter are not any
part of the law.
NEW SECTION. Sec. 22 Sections 1 through 21 of this act
constitute a new chapter in Title