BILL REQ. #:  S-3916.2 



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SENATE BILL 6606
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State of Washington60th Legislature2008 Regular Session

By Senators Spanel, Kohl-Welles, Honeyford, Prentice, Murray, and Rasmussen

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   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (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 18 RCW.

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